The High Court today approved the Personal Insolvency Arrangement (PIA) that will see a 54-year-old female, single, shop assistant continue to make mortgage repayments on her family home until she is 90 years of age.
Mr Justice Mark Sanfey approved the PIA in respect of Ms Esther Kirwan, Moycarkey, Thurles, Co Tipperary, in what is regarded as an important test case in the area of personal insolvency.
The court heard Ms Kirwan, who resides alone in a three-bedroom bungalow, has debts of €108,000. Of this debt, some €83,000 is owed to Start Mortgages in respect of the mortgage on her home, currently valued at €145,000. The remainder is owed to Allied Irish Bank for loans advanced to her former business and the Revenue Commissioners.
Under the terms of the PIA her mortgage will be restructured, but is not being reduced. She will make monthly payments of €214 for the next 420 months (35 years) to cover the interest on her mortgage, meaning she will continue to make payments until she is 90 years of age.
Should she die before reaching that age, the balance of what is owed to Start Mortgages will be paid from the proceeds of the sale of her estate.
Under the PIA the loan will be payable on the expiry of the 420-month term or on her death, whichever occurs first.
Last year the Circuit Court refused to approve Ms Kirwan’s proposed PIA because it was uncomfortable with the possibility Ms Kirwan might be compelled to sell her home to satisfy a mortgage debt.
Pharmaceutical company MSD Ireland, which is part of the US giant Merck, is planning to build a new €140 million manufacturing facility, [3,266sqm in size and 20.75m high] alongside their successful existing plant in Ballydine, Co. Tipperary.
Planning documents are understood to have been submitted to Tipperary County Council with the proposed scheme, same expected to create some 300 construction jobs over the life of the construction period, understood to take 18 months.
MSD, which employs some 2,700 people in the Irish Republic, said the proposed facility was needed to address a manufacturing need to produce small volume, highly effective drugs, to meet increasing product demands. An example of these types of medicines are those used for chemotherapy products.
The Ballydine site first opened in 1976 and currently employs some 500 highly skilled individuals. The site has API and Formulation facilities for the manufacture of commercial products and the development of new products. They invested €75 million between 2014 and 2017, furthering their commitment to the manufacturing site with 20 of MSD’s pipeline products undertaken at this state-of-the-art research and commercialisation facility; exporting products to approximately 25 countries around the world for further processing.
The Third World development organisation and charity Bóthar, of whom the late great Mr Thomas Joseph (T.J.) Maher, Castlemoyle, Boherlahan, Cashel, Co Tipperary was a founder member, has claimed before the High Court that its former CEO Mr David Moloney has misappropriated hundreds of thousands of euro, donated to the organisation, for his own and his associate’s personal use.
Mr David Moloney, former CEO Bóthar.
On Thursday last Bóthar, whose activities include aiding poor farmers in developing nations through donations of livestock, succeeded in secured a temporary High Court injunction, thus freezing the assets of Mr David Moloney, latter who in February last resigned his post as the charities CEO.
In the High Court Ms Justice Nuala Bulter ordered that Mr Moloney must not reduce his assets below a value of €465,000.
It should be noted that Mr David Moloney who has worked with Bóthar since 1995 and was CEO of the organisation for eight years, and who currently resides at Newport, West Co. Tipperary; strongly denies any allegations of wrongdoing.
However, Bóthar claim that an ongoing investigation into his conduct has revealed that he is guilty of a shocking breach of trust and an appalling dereliction of his duty; not just to Bóthar as an organisation but also to the beneficiaries of the charity.
Mr Frank Beatty SC, appearing with Mr Frank Crean Bl, acting on behalf of Bóthar, stated in court that Bóthar investigations show that at the very least, some €465,000 of monies donated to the charity had been misappropriated by Mr Maloney.
Counsel further stated that arising out of current investigation it is alleged that between 2013 and 2019, the accused Mr Moloney withdrew €192,000 of money, donated to Bóthar, claiming it was paid to a Mission run by the Congregation of Mary Immaculate Sisters in Tanzania, East Africa.
Bóthar claim to have consulted with the administrator in charge at the African mission, who informed them that the religious order was never in receipt of any money from Mr Moloney or indeed the charity Bóthar, itself.
Counsel for Bóthar further stated that Mr Moloney arranged that Bóthar make three payments, totalling €127,000, to a company called Agricultural Innovation Consultants Limited, for services it provided in relation to purported projects in Rwanda. These payments appear to not be recorded in the accounts of A.I.C. Ltd, which was incorporated in 2018, and has since been dissolved. Bóthar now believe the projects in Rwanda were falsified, and it does not know what became of the funding.
Ms Justice Nuala Bulter granted Bóthar the temporary freezing order on an ex-parte basis, where only one side was represented in court. She also gave Bóthar permission to seek orders requiring the defendant in this case to provide a list of the full value or interest he holds in any assets.
The judge also gave Bóthar permission to seek an order requiring Mr Moloney to provide details of all funds donated to the charity, that it is now alleged he used for his own benefit or the benefit of other parties.
Following the decision by Bóthar to commence High Court proceedings, the charity has decided to cease all of its fundraising activities with immediate effect.
Bank of Ireland customers need to be aware of a text message sent out today, here in Co. Tipperary.
The text message appears to be fraudulent, attempting to gain access to your bank details.
The message offers no sender information.
The message and accompanying threat reads: – [365 ONLINE] We were unable to process your last payment. Please go to www.365onlineverifyboi.com and complete verification to avoid suspension.
This message should be deleted immediately. Remember if your bank wants you they will send you a letter, asking you to call to their office.
Do Remember: BOI banks or indeed any other bank, as far as I know, do not send text messages to customers; and certainly never on Sundays.
This evening, the Department of Health has confirmed that there have been 5 new deaths caused by this pandemic, leaving the overall death toll here in the Republic of Ireland remaining at 1,768.
However, there were 69 new additional cases reported to the Department of Health, leaving the current total number of confirmed cases, since conception, now at 26,372.
One new case has been reported in Tipperary bringing our county total to 546.
The number of patients in hospital with confirmed or suspected cases of Covid-19 has fallen; however the number of patients in ICU has increased.
As of last night there were nine confirmed cases in eight hospitals around the Irish Republic, i.e. Tallaght – 2; Beaumont – 1; Cavan – 1; Drogheda – 1; Galway University Hospital – 1; Kilkenny – 1; Mater – 1; Limerick University Hospital (Serving North Tipperary) – 1.
There were 97 suspected cases in hospital; 14 of those patients are in intensive care, up from eight yesterday. Topping the list; Limerick University Hospital (Serving North Tipperary) – 27; Beaumont – 20; GUH – 8; St. James’s – 8; Tallaght – 6; CHI Crumlin – 5; Naas – 5; Sligo – 5; Mercy – 3; Cavan – 2; UHW – 2; Wexford – 2; Letterkenny – 1; Mater – 1; Mullingar – 1; UHK – 1.
Sadly some Tipperary politicians have assumed that being elected to represent the County of Tipperary, automatically gives them medical and scientific qualifications. But be aware, same individuals are merely attempting to retain their populist vote, by foolishly calling for a regional approach on coronavirus restrictions. This would allow for certain rural pubs and nightclubs to reopen.
This ill thought out populist, vote catching support, by Independent TD Mr Mattie McGrath and Fianna Fáil TD Mr Jackie Cahill, would see, if permitted, consumers of alcohol not just travelling from already cluster infected areas, to mingle with persons in least infected areas, but would also encourage individuals to drink and drive.
What both of the above-named politicians need to be concerned about right now is “How can we support all businesses financially, including pubs, prohibited from opening because of this current virus pandemic”.
Tipperary Independent TD Mr Mattie McGrath you will remember, was the TD found to be sleeping recently, as a vote was taking place in our Irish Parliament, a matter which he eventually and reluctantly admitted to his electorate.
Fianna Fáil TD Mr Jackie Cahill, who doesn’t answer email’s, was first elected to Dáil Eireann in 2016, “after ‘severing‘ as a councillor”, (adjective ‘serving’ possibly intended) as he states on his website. You can read it yourself HERE.
I will of course be discussing these latter failures / issues in more detail later in the week.
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