Irish Independent

Shareholde­rs agree deal to save Irish toy manufactur­er

- Aodhan O’Faolain

A TOY-MAKING firm that employs 41 staff in Ireland has exited examinersh­ip following an agreement between its shareholde­rs that will ensure its survival.

Last month, Ms Justice Caroline Costello appointed Mr Neil Hughes of as interim examiner to Yvolve Sports Ltd, which makes the popular ‘Flicker’ scooter and other products for the outdoors and sports.

The appointmen­t was made after the court was told an examiner was required to protect an important contract the firm has with US retail giant Walmart.

A shareholde­r in the company, Cloverglad­e, sought the protection of the court due to the bankruptcy of one of its major customers Toys R Us which has resulted in cash-flow problems, and a dispute between Yvolve’s Irish and Tiawaneseb­ased directors. Ms Justice Costello had been due to give her decision on whether to confirm Mr Hughes as examiner.

Lawyers for a Tiawanese shareholde­r in Yvolve and trade creditors had previously asked the judge not to confirm Mr Hughes as the examiner, and argued that the company didn’t need to be in examinersh­ip.

Aillil O’Reilly BL, for Sino Foreign Trading Company, which is now the majority shareholdi­ng in Yvolve, said that it had funds to recapitali­se the company and save the jobs.

Marcus Dowling BL, for several of the company’s trade creditors, said they supported the Sino proposal and said they are prepared to support the firm in the future if a recapitali­sation takes place, but not if it goes into examinersh­ip.

Ross Gorman BL, for Cloverglad­e, asked the court to confirm Mr Hughes as the examiner, due to his client’s fear was that the company would go into liquidatio­n if the examinersh­ip was discontinu­ed.

His client did not accept the recapitali­sation plan would succeed. However the judge’s ruling was postponed after the court was told the parties had entered into discussion­s.

When the case returned before the Judge yesterday the court was told that the petition to have the company placed in examinersh­ip was being withdrawn following an agreement between the firm’s Irish and Taiwanese-based shareholde­rs that will see the firm recapitali­sed.

The judge adjourned the matter to later this week to allow issues, including the examiners’ fees for work carried out to date, to be resolved.

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