Amantiss Enterprises Ltd & anor & Companies Acts [2014] IEHC 274 (26 May 2014)

Amantiss Enterprises Ltd & anor & Companies Acts [2014] IEHC 274 (26 May 2014)

The proper order is to award Mr. Maye his costs as against the Liquidator as costs in the liquidation, not against the Liquidator personally, nor against the notice parties (CRH Respondents and Kilsaran), as the proceedings arose from disputes in the winding up and the notice parties were entitled to participate as creditors.

Citation
[2014] IEHC 274
Parties
Company: Amantiss Enterprises Limited (in voluntary liquidation); Company: Wilbury Limited (in voluntary liquidation); Applicant/creditor: Seamus Maye; Respondent/liquidator: Des Donegan; Notice Parties/creditors: CRH Plc and related companies; Notice Party/creditor: Kilsaran Concrete Products Ltd.
Jurisdiction
Ireland
Judgment Date
26 May 2014
Procedural Posture
Company Law Application (costs Determination) / Post Judgment (costs Order)
Outcome
Costs awarded to Mr. Maye as against the Liquidator as costs in the liquidation; no order for costs against the Liquidator personally or against the notice parties.
Legal Topics
Liquidation, Costs, Creditors' Rights, Court Discretion in Costs
Company Law Insolvency Liquidation Costs Creditors' Rights Court Discretion in Costs

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Parties

Amantiss Enterprises Limited (in voluntary liquidation)

Company

Wilbury Limited (in voluntary liquidation)

Company

Seamus Maye

Applicant/creditor

Des Donegan

Respondent/liquidator

CRH Plc and related companies

Notice Parties/creditors

Kilsaran Concrete Products Ltd.

Notice Party/creditor

Procedural Posture

Company Law Application (costs Determination) / Post Judgment (costs Order)

Legal Issues

  1. 1 Who should bear the costs incurred in the proceedings concerning the liquidation of Amantiss Enterprises Limited and Wilbury Limited?
  2. 2 Should costs be awarded against the liquidator personally or as costs in the liquidation?
  3. 3 Are notice parties (creditors) liable for costs?

Ratio Decidendi

The proper order is to award Mr. Maye his costs as against the Liquidator as costs in the liquidation, not against the Liquidator personally, nor against the notice parties (CRH Respondents and Kilsaran), as the proceedings arose from disputes in the winding up and the notice parties were entitled to participate as creditors.

Court Disposition

Costs awarded to Mr. Maye as against the Liquidator as costs in the liquidation; no order for costs against the Liquidator personally or against the notice parties.

Orders

  • Mr. Maye awarded his costs as against the Liquidator as costs in the liquidation.
  • No order for costs against the Liquidator personally.