Courts / Kildare / Report

Fuel distributors not entitled to claim over petrol stations

Summary

In a High Court decision, Thomas Tougher, the former owner of Tougher Oil Distributors Ltd (TODL), was found not entitled to maintain a lis pendens over several petrol stations in the restructured company. Tougher had registered the claim in November to prevent what he alleged was asset stripping by the new owner, John O'Regan, and to secure assets for a separate breach‑of‑contract action. The court vacated the lis pendens, deeming it unsustainable, but left the breach‑of‑contract claim standing, recognising it as a potentially viable claim. Tougher's claim centred on alleged misappropriation of €200,000 during the company's examinership, a matter that had surfaced after O'Regan's acquisition. O'Regan argued the lis pendens hindered refinancing and a potential sale of a forecourt operation to a national retailer. The judge noted that while the lis pendens was removed, the breach‑of‑contract claim remained, as it was considered stateable and sustainable.

Who, what, where, when and why

What: Report matter: Fuel distributors not entitled to claim over petrol stations. Procedural stage: hearing_or_decision

When:

• 2014-05-23 Publication

Why: Mr Justice Brian Cregan, in a judgment released this week, ordered the lis pendens be vacated because it was a clearly unsustainable part of his case. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report