Quigley Meats Ltd -v- Hurley & Anor [2011] IEHC 192 (10 May 2011)

Quigley Meats Ltd -v- Hurley & Anor [2011] IEHC 192 (10 May 2011)

The plaintiff was sufficiently put on notice by the regular receipt of company cheques and the business arrangements that it was dealing with a limited liability company. There was no evidence of a personal guarantee or personal liability undertaken by the defendants. The debt is owed by the company, not the individual defendants.

Citation
[2011] IEHC 192
Parties
Plaintiff/respondent: Quigley Meats Limited; Defendant/appellant: John Hurley; Defendant/appellant: Margaret Hurley
Jurisdiction
Ireland
Judgment Date
10 May 2011
Procedural Posture
Civil Appeal / High Court on Appeal From Circuit Court
Outcome
Appeal allowed; Circuit Court order set aside
Legal Topics
Personal Liability of Company Directors, Corporate Personality, Enforcement of Debts, Guarantees
Commercial Law Company Law Personal Liability of Company Directors Corporate Personality Enforcement of Debts Guarantees

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Parties

Quigley Meats Limited

Plaintiff/respondent

John Hurley

Defendant/appellant

Margaret Hurley

Defendant/appellant

Procedural Posture

Civil Appeal / High Court on Appeal From Circuit Court

Legal Issues

  1. 1 Whether the debt for goods supplied is owed by the company or the individual defendants personally
  2. 2 Whether the plaintiff was on notice that it was dealing with a limited liability company

Ratio Decidendi

The plaintiff was sufficiently put on notice by the regular receipt of company cheques and the business arrangements that it was dealing with a limited liability company. There was no evidence of a personal guarantee or personal liability undertaken by the defendants. The debt is owed by the company, not the individual defendants.

Court Disposition

Appeal allowed; Circuit Court order set aside

Orders

  • Order of 2nd February 2011 set aside
  • No personal liability for the defendants; debt owed by the company