Faxgore LTD (In Liquidation) v Companies Act 2014 (Approved) [2021] IEHC 605 (24 September 2021)

Faxgore LTD (In Liquidation) v Companies Act 2014 (Approved) [2021] IEHC 605 (24 September 2021)

Leave to issue proceedings against the companies in liquidation is granted because the claims could not be more conveniently dealt with in the winding up, the proceedings are not clearly statute-barred or futile, the insurer has standing under the policy's subrogation clause, and the joinder of plaintiffs is...

Source-derived case information.

Citation
[2021] IEHC 605
Parties
Applicants: Una Gilligan and Others; Intended Defendants/respondents: Faxgore Limited (In Liquidation); Intended Defendants/respondents: Spencer Dock Development Company Limited (In Liquidation)
Jurisdiction
Ireland
Judgment Date
24 September 2021
Procedural Posture
Application for Leave to Issue Proceedings Against Companies in Liquidation / Judgment on Application for Leave Under Section 678 of the Companies Act, 2014
Outcome
Leave granted to issue proceedings against the companies in liquidation under section 678 of the Companies Act, 2014.
Legal Topics
Leave to Sue Company in Liquidation, Subrogation Rights of Insurer, Joinder of Plaintiffs, Statute of Limitations in Construction Defects, Liquidation Procedure
Company Law Civil Procedure Insurance Law Leave to Sue Company in Liquidation Subrogation Rights of Insurer Joinder of Plaintiffs Statute of Limitations in Construction Defects Liquidation Procedure

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Parties

Una Gilligan and Others

Applicants

Faxgore Limited (In Liquidation)

Intended Defendants/respondents

Spencer Dock Development Company Limited (In Liquidation)

Intended Defendants/respondents

Procedural Posture

Application for Leave to Issue Proceedings Against Companies in Liquidation / Judgment on Application for Leave Under Section 678 of the Companies Act, 2014

Legal Issues

  1. 1 Whether leave should be granted under section 678 of the Companies Act, 2014 to issue proceedings against companies in liquidation
  2. 2 Whether the insurer has standing to sue in the names of all applicants under subrogation
  3. 3 Whether the proceedings are properly constituted with 832 plaintiffs

Ratio Decidendi

Leave to issue proceedings against the companies in liquidation is granted because the claims could not be more conveniently dealt with in the winding up, the proceedings are not clearly statute-barred or futile, the insurer has standing under the policy's subrogation clause, and the joinder of plaintiffs is appropriate given the commonality of issues.

Court Disposition

Leave granted to issue proceedings against the companies in liquidation under section 678 of the Companies Act, 2014.

Orders

  • Relief sought at paragraph 1 of each originating notice of motion granted.
  • Matter to be listed for mention to deal with costs.