Courts / Cork / Report

Jurisdiction issue in challenge brought by company involving rugby star O'Gara

Date
2023-01-16

Stage
Hearing Or Decision

Primary locality
Cork

County
Cork

Summary

The High Court has adjourned a preliminary jurisdictional hearing in an application by Ezeon Entertainment Limited to set aside a Personal Insolvency Arrangement (PIA) granted to shareholder John O'Driscoll. The company, whose shareholders include rugby player Ronan O'Gara and businessman Michael O'Flynn, alleges the PIA was fraudulent and that O'Driscoll misappropriated over €15,000 in company funds. O'Driscoll denies all claims, stating he withdrew the money to repay debts he was owed and that the allegations are incorrect. Counsel for the respondent's Personal Insolvency Practitioner argued the High Court lacks jurisdiction, contending the matter should have been heard by the Circuit Court which originally granted the PIA in March 2022. Conversely, Ezeon's counsel argued the High Court does have jurisdiction. Mr Justice Alexander Owens stated the preliminary issue of jurisdiction must be decided first. He adjourned the matter for one week to allow the parties to exchange documents on this issue. The judge indicated he intends to fix a date for the hearing of the preliminary jurisdictional issue when the application returns before him next Monday. The court noted that O'Flynn previously lacked standing to overturn the PIA and that his appeal to the Supreme Court remains undetermined. O'Gara, who stated he was unaware of the PIA until media reports, expressed that he felt a material breach of trust had occurred, though he denied wishing to pursue a personal dispute.

Who, what, where, when and why

What: Report matter: Jurisdiction issue in challenge brought by company involving rugby star O'Gara. Charges or matters: alleged fraudulent PIA; alleged misappropriation of company funds. Procedural stage: hearing_or_decision

When:

March 2022 Hearing Or Sentence
2023-01-16 Publication

Why: Ezeon claims that because it was never given any notice of Mr O'Driscoll's initial application for protection from his creditors, the company was never received a proper opportunity to object to him being granted a PIA. CNI source report