A creditor of a tech company has asked the High Court to appoint a provisional liquidator to the troubled firm.
The creditor, Datech Ltd wants the provisional liquidator appointed to Cork-based Altada Technology Solutions Ltd, a data management and artificial intelligence company led by husband and wife duo Allan Beechinor and Niamh Parker.
The application was adjourned on Friday by Mr Justice Brian O'Moore who said he wanted Altada to be notified first and the case can come back next week.
Last month, a receiver was appointed to Altada on behalf of a number of investors who had recently provided financing of around €500,000. The receiver has recently advertised the business for sale.
Datech took an assignment of €100,000 loans to Altada from a US businessman in 2020. Last March, those loans went into default and Datech claims a provisional liquidator is required to preserve the interests of "older" creditors like Datech.
Petition
In a petition seeking the appointment, Datech director, Darrell Penny, said it is his belief Altada is insolvent and the recent financing by investors represents the "creation of a security in favour of apparent creditors".
The appointment of the receiver last month, in the context of the recent financing, may lead to a situation whereby "recent creditors might unlawfully obtain priority over other older and pre-existing creditors", he said.
The petition was presented to Mr Justice O'Moore on a one-side only represented basis by Jarlath Ryan BL, for Datech. Counsel said his client is concerned that the business will be sold and there will be no assets left for a winding up.
The judge said he was not prepared to appoint a provisional liquidator at this stage and was directing service of the proceedings on Altada. He also directed that the receiver and other creditors, including Revenue, be notified.
He did not want to downplay the serious concerns expressed by Datech, and he was not gainsaying that a liquidator will be appointed. However, because of the "extreme nature" of an application made by a body other than Altada itself, he was aware of the fact that the company should be given a chance to meet it.
