| Click for the Finfacts Ireland Portal Homepage |

Finfacts Business News Centre

Home 
 
 News
 Irish
 Irish Economy
 EU Economy
 US Economy
 UK Economy
 Global Economy
 International
 Property
 Innovation
 
 Analysis/Comment
 
 Asia Economy

RSS FEED


How to use our RSS feed

 
Web Finfacts

See Search Box lower down this column for searches of Finfacts news pages. Where there may be the odd special character missing from an older page, it's a problem that developed when Interactive Tools upgraded to a new content management system.

Welcome

Finfacts is Ireland's leading business information site and you are in its business news section.

We provide access to live business television and business related videos from: Bloomberg TV; The Wall Street Journal; CNBC and the Financial Times. Click image:

Links

Finfacts Homepage

Irish Share Prices

Euribor Daily Rates

Irish Economy

Global Income Per Capita

Global Cost of Living

Irish Tax - Income/Corporate

Global News

Bloomberg News

CNN Money

Cnet Tech News

Newspapers

Irish Independent

Irish Times

Irish Examiner

New York Times

Financial Times

Technology News

 

Feedback

 

Content Management by interactivetools.com.

News : Irish Last Updated: Feb 25, 2010 - 2:16:40 AM


Irish Glass Bottle Site: How the State purchased property it already owned!
By Michael Hennigan, Founder and Editor of Finfacts
Nov 11, 2009 - 5:29:18 AM

Email this article
 Printer friendly page

The site of the former Irish Glass Bottle plant, Ringsend, Dublin (within red contours). It was purchased at the peak of the boom in 2006 for €412 million, by a consortium led by developer Bernard McNamara. In the same year, Ireland's biggest bank AIB, sold part of its Dublin headquarters, the Bank Centre, to developer Seán Dunne.

The former manufacturing plant site of the Irish Glass Bottle Company, was sold for €412 million in 2006, the craziest year of the Irish property bubble. An Irish State agency was among the purchasers while the owner was the Dublin Port Company, a private limited company owned by the State. Now as legal proceedings are underway in the Commercial Court, it's unclear at present what the ultimate exposure of the taxpayer will be for a property currently valued at €60 million.

In the 1970s, the Irish Glass Bottle Company and its former subsidiary Waterford Glass, had a combined payroll of almost 5,000  - - similar to US chip giant Intel, currently Ireland's largest industrial employer.

By 2002, the glass plant was owned by Ardagh Glass, which was headed by former tax accountant Paul Coulson, and was shut after a 17-week strike, with the loss of 375 jobs.

Irish Glass Bottle Company dated from 1925 and recommenced manufacturing in 1932, under the ownership of Joseph McGrath and Joseph Griffin and the 24-acre site adjacent to Strand Road, in Ringsend, South Dublin, comprises land reclaimed from the sea and part of it had been used as a waste tip-head by Dublin Corporation.

The site was leased to Irish Glass Bottle by the Dublin Port Company.

In 2005, the site was owned by South Wharf Plc, under the control of  Paul Coulson, and it lost a High Court application to force the Dublin Port Company to agree to a change of use from manufacturing and warehousing.

In May 2005, the Minister for Enterprise, Trade and Employment, Míchéal Martin, proposed an emergency amendment of the Landlord and Tenant (Ground Rents) Act to the Dáil, that closed off a loophole in respect of IDA Ireland, Shannon Development and Udarás na Gaeltachta properties that were leased to client companies.

The loophole had been left in place in so far as it might apply to other State agencies that were leasing out land under certain terms. Other Departments were advised to examine the situation.

 

Martin said a legitimate scheme could be devised whereby sub-leases created by lessees could establish an entitlement for the sub-lessee to acquire the fee simple thus extinguishing restrictive covenants in the head lease. This anomalous situation, whereby a sub-lessee can extinguish an agreement between the lessee and a third party, was noted by the Law Reform Commission in 1989 and again in 1992.

As Finfacts has noted ad nauseam, change in the Irish system, happens very, very slowly, if at all.

South Wharf, apparently alerted to the news of the loophole, by Martin's amendment, offered to buy the fee simple of the Ringsend site for 5% of the commercial value.

Dublin Port Company subsequently agreed to jointly sell the site with South Wharf, on a 33.6%/66.4% split of the proceeds of the 2006 tender price of €411,987,000, from a consortium comprising developer Bernard McNamara (41%), property financier Derek Quinlan (33%) and the State agency, Dublin Docks Development Authority (DDDA) (26%).

Jones Lang LaSalle and Hamilton Osborne King acted as property agents during the sale of the site, while Davy Corporate Finance advised South Wharf on the transaction.

Davy then organised a group of its clients to fund McNamara, while State agency, the DDDA, paid €107 million for its stake.

State-owned Dublin Port Company received €138 million and South Wharf made €274 million with Paul Coulson personally earning about €30 million from the deal.

The DDDA, which included Anglo Irish Bank directors, Seán Fitzpatrick and Lar Bradshaw , on its board, when it agreed to take the 26% stake in the consortium, has written down the value of its stake by €87.5 million.

Anglo Irish Bank and AIB are owed almost €300 million for funding the purchase and it's unclear what the exposure of the DDDA, is in respect of the liabilities.

Bernard McNamara is resisting a demand by Davy investors for a return of €95.8 million.

Last week, he had a case entered in the Commercial Court, where he is seeking to have the DDDA indemnify him against a potential claim from Anglo, as well as the Davy investors.

McNamara’s potential exposure is said to exceed €140 million.

The net "profit" of €21 million made initially between the transactions of the two State owned enterprises, has been more than gobbled up by the cost of the Environmental Protection Agency (EPA) in making the former dump, safe.

And if the foregoing wasn't enough of a litany of shame, NAMA, the State "bad bank," is likely to end up holding a toxic asset, that the State's EPA declared toxic-free last month.

South Wharf made €274 million from a lease, while the freeholder - - the taxpayer -- could be in hock for hundreds of millions of euros.

Update: On Dec 18, 2009, Mr Justice Peter Kelly, the head of  the Commercial Court ordered Bernard McNamara to pay €62.5m over guarantees he provided for loans for the Irish Glass Bottle site.

McNamara appealed  the judgment to the Supreme Court.

Lawyers acting for McNamara warned of "a knock-on effect across the board" for other creditors if the largest ever personal guarantee judgment issued in Ireland was executed against him.

Related Articles


© Copyright 2009 by Finfacts.com

Top of Page

Irish
Latest Headlines
Kerry Group reports 41% rise in H1 2010 profit before tax
Grafton returned to the black in H1 2010
Glanbia reports 58% increase in H1 2010 pre-tax profits
Paddy Power reports pre-tax profits up 54% to €52.5m in H1 2010 - - World Cup provided big boost
CRH reports 77% drop in H1 2010 profit to €25m
Bank of Scotland (Ireland) Limited to exit the Irish market; Bank had shook up the Irish mortgage market from 1999
National Economic and Social Council says euro has been beneficial for Ireland
Irish business faces risks and competitive advantages from climate change
European central banks reported to have bought Irish government bonds today
Bord Gáis launches report: ‘The Future of Renewable Gas in Ireland’
Bank of Ireland reports loss of €1.25bn before tax in first half of 2010
State aid to Anglo Irish Bank set to exceed €24bn; Bank support pushed Irish budget deficit to 36.51% of GDP in Q1 2010
National Irish Bank reports operating profit of €26m in H1 2010 before bad debt charges of €367m; Danske Bank posts profit before tax of €420m - - up 32% year on year
AIB announces rises in residential mortgage rates
Bord Gáis Energy Index fell in July as the euro recovered
Irish pension funds recovered some lost ground in July; Inflation adjusted returns over 10 years negative
Irish Exchequer deficit at end-July 2010 is €10.2bn
Annual rate of change in loans to Irish households was minus 4.1% in June 2010; Domestic banks owed €54.8bn to the European Central Bank in June
US private sector employment increased by 42,000 from June to July
AIB reports 24% plunge in income in H1 2010; Loss before tax of €2.0bn
DART Underground 'will grow' Dublin business by €450m or maybe not
 Four Irish companies a day went bust in the first seven months of the year
O’Keeffe says US firm ServiceSource is to add 70 new jobs in Dublin; Extra €55m investment to support Irish start-up firms also announced
Dublin's Docklands Authority cuts deficit from €213m to €19m in 2009; Agency left with 34 Council/Executive Board members and 27 staff
Irish Glass Bottle site loans transferred to NAMA
Online advertising expenditure in Ireland in 2009 reached €97.2m or maybe not
Financial Services Ombudsman criticises “unwarranted and unsolicited” moves by Irish banks to move people off low-rate tracker mortgages
Permanent tsb to raise variable mortgage interest rates
Lenihan announces review group to report on disposal of State commercial assets
Enterprise Ireland launches Seed & Venture Capital report for 2009
Elan reports net loss of $213m in second quarter
Central Bank and Financial Regulator say review of Irish banks’ mortgage lending policy for first time buyers shows practices need to be improved
Profits earned by Irish hotels have plummeted by 50% since 2007; Room rates said to have dropped to 1999 levels
Campaign for Change at One51 dissidents announce nominees for election to board of One51 at AGM
Commercial Court orders full trial of 3 Limerick solicitors on personal guarantee claims of over €63m from Anglo Irish Bank
Bank of Ireland to refund €3m to ATM users who over 4-year period left the money from cash withdrawals in the ATM
NTMA raises €1.5bn in new borrowing; Ireland has completed 90% of its long term borrowing programme of €20bn for 2010
Ryanair says volcanic ash clouds cost it €50m in its fiscal first quarter
Central Bank governor says Ireland's two biggest banks AIB and Bank of Ireland have passed its stress tests -- which are more severe than ongoing Eurozone tests
Bank of Ireland to reduce its workforce by 750 staff over the next two years