Wife sues Nenagh husband over 'baffling' business behaviour

Wife sues Nenagh husband over 'baffling' business behaviour

A woman has launched High Court proceedings against her husband over the manner in which he has allegedly been conducting the affairs of their civil engineering business.

The action has been brought by Hilda Mackey against her husband Michael Mackey concerning the operation of Mackey Plant Construction Ltd, an engineering and steel fabrication and installation works business based at Stereame Business Park in Nenagh Co Tipperary.

The couple, both of Benedine, Nenagh are the founding directors and joint shareholders of the firm, which employs more than 25 people. 

However she claims that she has been left "baffled" by her husband's behaviour over the last 18 months.

She says in a sworn statement that without her consent her husband improperly removed €300,000 from the company and a company pension fund to the detriment of the employees, owners and creditors of the company.

Her husband has been receiving advice and coaching from a yoga group calling itself Japa Meditation, which she says her husband joined in 2016. 

She fears members of this group may have accompanied him when he withdrew the companies funds from the bank.

She also claims that certain members of the group appear to be advising him and seem to have considerable influence over him. 

He has also given them confidential company information, she says.

Since November 2016 her husband has insisted that the firm employ a member of the Japa Group and it is understood that such a person has been nominated by his "Yoga Master.” 

Her husband she says seems to be totally unaware of the huge upset among the company's staff. 

She says he has undermined the action of project managers by giving contradicting instructions to junior staff on the basis that it is his company. 

She says that as a result of her husband's action she fears for the company's future. She says attempts to resolve their differences have not succeeded and the relationship between them has broken down. 

Mrs Mackey claims the affairs of the company and the powers of her fellow director are being carried out in a manner that is oppressive to her.  

His actions it is claimed have left her with no choice other than to bring proceedings against her husband and their company. 

Mrs Mackey represented by Brian Walker Bl, instructed by Patrick F. Treacy & Co Solicitors,  seeks various orders from the Court including one allowing her to conduct a general meeting of the company later this month and appoint of their sons Mr Karl Mackey as an additional director of the company. 

This order is being done to safeguard the assets of the company, it is claimed. She also seeks a declaration under the 2014 Companies Act that the affairs in the company are being conducted in a manner oppressive to her interests.

She further seeks an order for the purchase of Mr Mackey's shares in business, or in the alternative a winding up order. 

Following an ex-parte application by Mr Walker at the High Court on Thursday Mr Justice Tony O'Connor granted Mrs Mackey permission to serve short notice of the proceedings on Mr Mackey. 

Counsel told the court Mr Mackey is currently out of the country, and is believed to be in Portugal. 

The case will return before the High Court next week.