In re Bovale Developments DCE v Bailey & anor [2011] IESC 24 (14 July 2011)

In re Bovale Developments DCE v Bailey & anor [2011] IESC 24 (14 July 2011)

The Supreme Court held that PwC, as a partnership, qualifies as 'a person' and could lawfully act as an officer of the Director under s.12(6) of the Company Law Enforcement Act 2001, and that the Director did not impermissibly delegate his functions. The Court further held, applying Goodman International, that findings of a Tribunal of Inquiry are not admissible as evidence in disqualification proceedings, and that hearsay evidence is not admissible absent a statutory scheme. Both the appeal and cross-appeal were dismissed.

Citation
[2011] IESC 24
Parties
Applicant/respondent: Director of Corporate Enforcement; Respondent/appellant: Michael Bailey; Respondent/appellant: Thomas Bailey
Jurisdiction
Ireland
Judgment Date
14 July 2011
Procedural Posture
Appeal (from High Court) / Supreme Court Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed; High Court order affirmed
Legal Topics
Director Disqualification, Admissibility of Tribunal Reports, Delegation of Statutory Functions, Hearsay Evidence, Statutory Interpretation
Company Law Evidence Administrative Law Constitutional Law Director Disqualification Admissibility of Tribunal Reports Delegation of Statutory Functions Hearsay Evidence +1 more

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Parties

Director of Corporate Enforcement

Applicant/respondent

Michael Bailey

Respondent/appellant

Thomas Bailey

Respondent/appellant

Procedural Posture

Appeal (from High Court) / Supreme Court Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Director of Corporate Enforcement impermissibly delegated investigative functions to PwC under the Company Law Enforcement Act 2001
  2. 2 Whether PwC qualifies as 'a person' or 'officer of the Director' under the Act
  3. 3 Whether findings of a Tribunal of Inquiry are admissible as evidence in director disqualification proceedings

Ratio Decidendi

The Supreme Court held that PwC, as a partnership, qualifies as 'a person' and could lawfully act as an officer of the Director under s.12(6) of the Company Law Enforcement Act 2001, and that the Director did not impermissibly delegate his functions. The Court further held, applying Goodman International, that findings of a Tribunal of Inquiry are not admissible as evidence in disqualification proceedings, and that hearsay evidence is not admissible absent a statutory scheme. Both the appeal and cross-appeal were dismissed.

Court Disposition

Appeal and cross-appeal dismissed; High Court order affirmed

Orders

  • Dismissal of the Baileys' appeal against the High Court's finding on the PwC issue
  • Dismissal of the Director's cross-appeal seeking admission of Tribunal findings and hearsay evidence