Winding up order for St Mary’s care facility in Dublin 4 confirmed

The High Court has made orders formally winding up the operator of a south Dublin care facility, which caters for vulnerable adults, and a nursing home.

Mr Justice Michael Quinn made the order in respect of St Mary’s Centre (Telford), after being informed that no appeal is being brought against his decision not to appoint an examiner to the company. The company had operated both disability care facility for persons who are legally blind and a nursing home on a campus beside St Vincent’s Hospital on Merrion Road in Dublin.

The company sought to wind up the facility, which is owned by the Sisters of Charity order of nuns, because it would be unable to meet redundancy payments of €950,000 arising from the liquidation.

The firm also cited regulatory difficulties, concerns over future funding from the HSE and an inability to comply with HIQA recommendations to modernise its facilities as reasons why it should be wound up. Lawyers representing some of the care centre’s residents, current and former staff, applied to the court seeking to have the firm put into examinership, even for a short period of time, to see if the facility could be saved.

The company and the provisional liquidators opposed the examinership application.

In his judgement last Monday Mr Justice Quinn said the applicants had not made out that the company could be preserved as a going concern and it should not be put into examinership.

In addition, the court was not prepared in this case to use its discretion to appoint an examiner, even for a limited period.

At the High Court on Thursday John Kennedy SC for the residents said that following consultations his clients had opted not to appeal the court’s decision not to appoint an examiner to the firm.

Rossa Fanning SC for the company and Andrew Fitzpatrick SC for the liquidators submitted to the court that in light of the decision the only option was to make the winding up orders. The judge made the winding up order after being satisfied that the company was insolvent and unable to pay its debts, and that it was just and equitable that an order be made for its winding up. Mr Justice Quinn also confirmed the appointment of insolvency practitioners Neil Hughes and Dessie Morrow of Baker Tilly as official liquidators of the company.

They were appointed on a provisional basis last July after the company petitioned the court for a winding up order.