Skip to main content

Property Empire Crumbles...

Carroll's property empire crumbles...


Fears of new turmoil in the market if banks move in...

DEVELOPER Liam Carroll last night lost the battle to protect his multi-billion euro empire, raising fears the property market will be plunged into further turmoil.


The Supreme Court rejected his survival plan -- saying it was neither credible nor viable.

A number of banks are today expected to begin the process of picking over the bones of his companies, with a view to recouping a fraction of their losses.

They will be led this morning by ACC Bank, who may seek to wind up his companies, appoint a liquidator or receivers.

The tycoon's Zoe Group of companies is laden down with bank debts of more than €1.2bn -- and a fire sale of his assets could undermine the Government's NAMA plan to remove €90bn of toxic development loans from bank balance books.

However, it is unlikely that there will be an immediate rush to sell off assets when there is no demand for in the current climate.

Declan Black, head of insolvency and litigation at business law firm Mason Hayes and Curran, said: "If a receiver or liquidator appointed by ACC sought to sell properties promptly, that could set a low threshold for market value and, in turn, impact on NAMA property valuations,"

He added: "Equally, any sale of debt could impact on NAMA's loan valuations."

Mr Carroll lost court protection on day 14 of his examinership action after the Supreme Court, led by Chief Justice John Murray, ruled that his survival plan was not supported by any objective evidence.

The developer had painted a doomsday scenario of hundreds of job losses and thousands of apartments flooding the already depressed Dublin property market.

But the Supreme Court was unmoved by his claims after ruling that he had failed to pass the basic legal test for examinership.

The three-judge court criticised Mr Carroll for relying on outdated valuations by estate agents CBRE and Hooke and McDonald, when those valuations had not been presented to the High Court or the Supreme Court.

The Supreme Court also found that it was not possible for the court to reach any conclusion about the prospects of survival of the companies as a going concern "in the absence of any evidence about the likely future development of the property market".

The court found that in order to persuade it that the companies had a reasonable prospect of survival, "it is perfectly obvious that some evidence of likely improvement in the property market is absolutely essential".

Presumption

Last night's judgment will have several repercussions for the Government's plan to pass the NAMA legislation next month. It raises the prospect of destabilising the property market, but it also challenges the assumptions underlying the legislation.

NAMA is predicated on the notion that property prices will rise over the next decade or two and that the public should accept that presumption. But yesterday's dramatic judgment challenges that assumption.

The outcome of the Carroll case will raise further questions about the State's setting up of NAMA to buy toxic property loans.

But the Department of Finance insisted the Supreme Court ruling would not have any implications in the setting up of NAMA or its operation.

"NAMA will still be set up in September. This decision does not affect that," a spokesman said. But Fine Gael and the Labour Party have expressed concerns about the exposure of the taxpayer in the setting up of NAMA and the knock-on effects of the Carroll case.

The failure of Mr Carroll to secure court protection could deter other developers from doing so.

"The decision indicates a more stringent application of the test for the appointment of an examiner, especially for development companies," said Mr Black. "A development company seeking the appointment of an examiner would now need to demonstrate clear accounting and valuation evidence showing that it had a reasonable prospect of survival.

"It would also need to demonstrate fairly unequivocal support from its bankers in terms of future funding."

In his petition, Mr Carroll laid great emphasis on the negative consequences of a compulsory liquidation.

He warned of a catastrophic fire sale of assets, that the property market in Dublin could not absorb a portfolio of his scale, and the loss of more than 600 jobs.

Mr Carroll said the market "would be thrown into an unprecedented degree of turmoil", with consequences not just for his group of companies and its creditors.

What Mr Carroll failed to do was give enough evidence to objectively support his doomsday claims.

The judges were also sceptical about the prospects for the property market, questioning whether there would be any positive developments in the availability of credit anytime soon.

Michael Cush, counsel for the companies, sought to reassure the court about the prospects for Mr Carroll's empire.

The judges expressed concern that the court was not being allowed to see the valuations that purported to prove such a turnaround was possible.

Headache

Without this evidence, they noted during the hearing and in their subsequent 31-page judgment, it was impossible to work out whether the valuations made sense.

The Supreme Court's decision also leaves some of the country's biggest banks with an immediate and obvious headache. Allied Irish, Bank of Scotland (Ireland), Ulster Bank and KBC Bank (Ireland) will have to return to the courts to begin the process of untangling part of Mr Carroll's property empire and dividing up the losses.

That process will unsettle shareholders, who will be wondering what it means for them -- as the decision goes against the listed banks' stated wishes.



Report by Tom Molloy and Dearbhail McDonald - Irish Independent.

Popular posts from this blog

Property Crash Homes For Sale...

Hundreds of repossessed homes in Ireland to be sold by auction... UK property consultancy Allsop to hold auction in April at Dublin's Shelbourne hotel: Flats in Ireland that could have fetched €150,000 in the Celtic Tiger years are to be put on the market for as little as €25,000 (£21,000) in the country's first ever mass auction of repossessed homes. And, in a sign of how wide the property crash is, the latest item to turn up in liquidation sales in Dublin is a job lot of 15 cranes, including a pair towering over Anglo Irish Bank's half-built headquarters in the city's docklands. "Tower cranes were among the most sought-after heavy plant and machinery 10 years ago," Ricky Wilson of Wilsons Auctions says. "You couldn't buy them quick enough. Now they are left idle for two or three years on sites." He has 15 cranes worth €500,000 going on sale on 26 March, with German, Dutch and Polish buyers expressing interest. But it is the auction ...

Young, Irish And Out Of Here...

As the government continues to pump billions into our much discredited banking system, many Irish people unable to find work here are facing into a future outside of this country. John Downes, News Investigations Correspondent, spoke to some of the new Irish diaspora about their recent experiences of emigration... By any stretch of the imagination, they were a startling set of figures, prompting echoes of a past which we thought we had left behind. According to ESRI data released last week, we can expect net emigration of 60,000 in the year to this April – and a further 40,000 by April 2011. That's almost 1,000 of our best and brightest leaving every week. Yet the ESRI's predictions are simply the latest – if most stark – indications of a return to mass emigration among Ireland's unemployed, as the downturn has continued to take its toll. In September, for example, the Central Statistics Office revealed that Ireland witnessed a return to net emigration for the first time si...

More Allsop Fire Sales...

Allsop plans five fire sales a year... THE UK auction house Allsop and its Irish affiliate Space plans to hold up to five distressed property auctions a year following the success of its first auction last Friday when 81 out of 82 lots were sold for a total of €15 million. The next auction is scheduled for July 7th, when 200 lots will be auctioned, including apartments, tenanted shops, farms and houses. According to Space director Stephen McCarthy, his company is being inundated with requests from receivers, banks and individuals who want to sell their property fast. Many of the properties in Friday’s auction were sold by Bank of Scotland Ireland and it’s believe there is plenty more of this stock to sell. These include apartments in the Castleforbes development in the Dublin docklands, as well as units in Dublin 8 and in Castleknock. However, the agency is also considering taking on more agricultural land. One lot, a 55 acre farm in Co Wickow sold particularly well, making €42...