The High Court was asked to appoint an examiner to the South Dublin Nursing Home and Disability Care Center for vulnerable people to see if the business could be protected.
The application is for St. Mary’s Center (Telford), which operates facilities on a campus near St. Vincent’s Hospital, Marion Road, Dublin.
Provisional liquidators appointed by the court in July to the Company.
However, attorneys and former staff representing residents and some staff want the institution to be included in the review, even for a short period of time.
The company opposed the application, saying it would fail. Company lawyers said the company had no hope of survival and that it was bankrupt.
The request to terminate the facility, which is owned by the Sisters of Charity Order of the Nuns, was brought because of the inability to meet the recurring payments of $ 950,000 arising from the liquidation.
The company cited regulatory difficulties, concerns about future funding from the HSE, and its inability to comply with Hickey’s recommendations to modernize its facilities.
John Kennedy, who opened the application to hire an examiner on Wednesday, said St. Mary’s has been caring for some of the most vulnerable in the community for years, with staff and some of the existing facilities.
The lawyer said many of the residents at the disability center were frail, legally blind and had other disabilities. Some of them have been at the center for 60 years.
The council said it was asking the court to allow a short pause to allow its clients, who are seeking action via video link, to see a tester who can save what is a “unique” activity.
The council said none of the company’s debtors, including some of its own clients with $ 150,000 in arrears, objected to the request to hire an examiner.
The lawyer said HSE was ready to provide financial assistance to the company during the exam period, and attorneys for the Sisters of Charity said they would hold discussions with the court-appointed examiner.
An independent expert’s report says the company can survive if it takes certain steps, including hiring an examiner and expressing interest from investors to prepare a survival plan with borrowers.
The attorney acknowledged that no investor had been identified, but said the court could try to make an external investment during the protection period if Mr. Anthony Weldon is appointed as the proposed examiner.
Temporary liquidators estimate that while four of the nursing home’s residents and 18 of the care facility staff live in St. Mary’s, the care facility will have to be open for 12 to 18 months.
The lawyer said this would make the liquidation more expensive.
A successful experiment will greatly reduce the cost to everyone involved, as well as save facilities and work on the job.
In response, the company asked Rosa Fanning SC not to appoint an examiner because the process failed.
The lawyer said the application was “high on rhetoric and emotion” but lacked financial analysis or details.
He added that the company and its board of directors are not bankrupt in their opinion and have no chance of survival and should go ahead to clearly confirm the appointment of liquidators as a non-banking company.
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The council described the examiner’s application as “extremist practice in industrial relations” brought about by a minority of workers.
The company rejected the “unnecessary” and “unnecessary” criticisms of the St. Mary’s Board and the “conspiracy theories” put forward by the applicants.
The board is made up of volunteers who have made no financial gain from their association with St. Mary’s.
Such criticisms made by him should not have been made before the court.
The lawyer said the time delay between the application for appointment of temporary liquidators and the examination application was “unprecedented”.
The council said plans are in place to provide alternative facilities for residents.
The lawyer added that there was no question of dismissing any employees and not going anywhere.
Connor Dignum SC for HSE said his client was neutral about the exam applicant.
The lawyer said HSE had been in discussions with temporary liquidators about taking over the running of the care center over a transition period of 12 to 18 months.
The trial continues before Justice Michael Quinn.
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