Two key things happened this week. The legislation for NAMA was published and Liam Carroll and the Zoe Group of companies were in court looking for examiner protection from its debtors. The hearing was by Mr Justice Peter Kelly and the result came out yesterday afternoon. Friday of a bank holiday weekend.
Liam Carroll is not someone I know too much about – he’s not, to my scant knowledge, a regular interviewee of Barry Egan of the Sunday Independent, which as everyone knows is the sole benchmark of fame in this country, but the debts owed by his group of companies is estimated to be around 1.2 billion euro. It’s hard to work out whether that’s a lot of money for a man who’s supposed to be one of the biggest if not the biggest developer in Ireland via Zoe Developments. There’s a part of me thinks it’s not such a lot of money, but there’s another party of me thinks that it’s a shocking amount of debt to be on the shoulders of just one developer. Put into one context however, it’s not that far off the total profits of AIB the year before last – you know, before they started needing to be saved.
The Kelly judgment on the six Zoe companies involved was interesting though, because if he decided not to grant examinership, then those companies would be looking at the appointment of a liquidator or a receiver and if that happened, a lot was going to hinge on what value could be realised out of the assets of those companies. Put simply, if you firesale the Zoe assets, then the State’s options for overpaying via NAMA are a touch more limited.
Except the legislation is so couched in terms that keep everything under wraps, it’s not likely you or I will ever know one way or the other. Still, the judgment was going to be interesting and when it came, Peter Kelly said no. No examinership. Companies pretty unlikely to trade their way out of trouble given the current business climate and anyway, here’s a long list of things that really caused me concern.
There’s a stay pending appeal until Tuesday regarding the appointment of a liquidator or receiver.
I have no doubt that something like NAMA is required to sort out the mess of shite that the banks currently have not really attempted to put any realisable value on. But I also think the banks are still getting off scot free. I don’t hold bank shares so obviously I am completely unbiased. I wonder, however, if the banks that loaned 1.2 billion euro to Liam Carroll’s business conglomerate (I loath the word “empire”) were in fact, doing their job properly, and in that case, I think there should be a few stings like…
nationalisation. We nationalised Anglo Irish when frankly we should have let it go broke. Possibly the reason we didn’t was because they were scared they’d have to nationalise either AIB or the Bank of Ireland and now, we still have to save their bleeding guts because we need banks more than they think they need us.
So, if I were Brian Lenihan, I’d be sitting in an office with ACC, AIB and Bank of Ireland, and saying “AIB/Bank of Ireland – merger, forthwith, followed by nationalisation. ACC, mark down your debts accordingly and we will bring them under NAMA” and meanwhile, get Zoe wound down as soon as possible.
But I’m not Brian Lenihan so this is going to drag on. There’s a simpler way to do it of course. Close down all the private schools in Dublin.