A legal firm retained by the Collector General’s office has been warned it will be reported to the Law Society for investigation.
Ivor Fitzpatrick and Sons failed to appear at Mullingar District Court to represent the Collector General who is seeking an instalment order against a Westmeath builder who has gone out of business owing almost €250,000 in unpaid taxes.
Judge John Neilan warned that if he does not hear from the firm shortly, he will direct the Law Society to investigate the issue.
He said it was inappropriate to strike out the application on the firm’s behalf.
He said it was not acceptable that a firm of solicitors employed by a statutory body not appear in court. He was also critical of the company’s use of local agents to act on their behalf.
The judge expressed his displeasure at the firm’s “persistent and continued failure to this court” following applications made in Longford and Tullamore where they failed to satisfy him.
He said he had on two previous occasions called a principal of the company to appear before him but in Tullamore “Mr Fitzpatrick didn’t come but instead sent an unfortunate female”.
The court office will be directed to write to Ivor Fitzpatrick and Collector General Gerard Harrahill will also be made aware of the situation, he said.
During the hearing he had wished to know the Collector’s view on the reality of realising the builder’s assets by selling completed houses and disposing of €3.3 million worth of assets on the books of Seamus P Farrelly, Templanstown, Castlepollard. However the lack of representation for the Collector General made this impossible.
“I cannot see the Collector General being deprived of nearly a quarter of a million euro in unpaid taxes,” he added.
“One would expect Ivor Fitzpatrick to discharge their professional duties to their clients.”
