A young man who claims he is a paraplegic as a result of a machinery explosion at a Co Meath rendering factory has secured a High Court injunction restraining the alleged factory director from reducing his assets below £2 million. Mr Justice Kelly granted the injunction yesterday to Mr Kieran Taaffe against Mr Geoffrey Fitzpatrick snr pending the hearing of the former's action against Ardpatrick Ltd, of Ardcalf, Slane, Co Meath, and Mr Fitzpatrick.
The court was told that Ardpatrick Ltd had already given an undertaking not to reduce its assets below £2 million.
Mr Taaffe (24), of St Erc's Terrace, Slane, Co Meath, claims he was employed in 1990 at a factory premises at Ardcalf, Slane, where the business of rendering and manufacturing bonemeal animal feeds was carried on.
He claims he suffered extensive injuries when a fat extractor machine exploded on October 16th, 1990, and that as a result he is paraplegic and faces the prospect of being so for the rest of his life.
Mr Taaffe claims Mr Fitzpatrick snr was the controlling shareholder and director of Ardpatrick Ltd and also the manager of the factory plant. He claims the lands on which the factory is situated are comprised on two Co Meath folios and that the registered owners of one of those folios were Mr Fitzpatrick snr and his wife.
In relation to the second folio, it was his belief that Mr Fitzpatrick snr alone or with his wife, or Ardpatrick Ltd, was the beneficial owner. In an affidavit, Mr Taaffe said he had been advised by counsel that if successful in the proceedings, he could secure an award of £2 million which was likely to represent the entire value of the defendants' assets.
He claimed the defendants had been engaged in a course of conduct motivated by a desire to put their assets beyond the reach of his claim.
He claimed that the factory premises was closed down on November 28th last and all workers were let go except for two lorry men. He said inspections of the factory premises on December 1st, 3rd and 4th had revealed all operations at the factory had ceased and the factory premises was locked up.
Since the proceedings were initiated, Mr Taaffe claimed, the business formerly carried on at the factory premises appeared to have been transferred to another company, C & N Oils Ltd, Marsh Road, Drogheda, of which the directors and shareholders appeared to be Mr Fitzpatrick's son, Geoffrey, and daughter-in-law.
Ruling yesterday on Mr Taaffe's application for an injunction restraining Mr Fitzpatrick snr from disposing of assets below £2 million, Mr Justice Kelly said Mr Geoffrey Fitzpatrick had filed no replying affidavit but legal submissions had been made on his behalf to the effect this was not an appropriate case in which to grant the injunction sought.
The judge said he was satisfied Mr Taaffe had fulfilled the criteria set down by the Supreme Court for the granting of such an injunction including giving an undertaking for damages. The judge said he would grant an injunction restraining Mr Fitzpatrick snr from disposing of assets so as to reduce them below £2 million and the order would remain in effect until the hearing of the full action. He granted Mr Fitzpatrick snr liberty to apply to vary or discharge the order.