Coombe Importers Ltd., Re [1998] IEHC 12; [1999] 1 IR 492 (28th January, 1998)

Coombe Importers Ltd., Re [1998] IEHC 12; [1999] 1 IR 492 (28th January, 1998)

Super-preferential status under Section 120(2) of the 1981 Act and Section 16(2)(a) of the 1993 Act is limited to sums actually deducted by the employer; estimated sums not physically deducted do not qualify. Section 16(2)(b) of the 1993 Act cannot be applied retrospectively as it has no corresponding provision in the 1981 Act.

Citation
[1999] 1 IR 492
Parties
Official Liquidator: Thomas Grace; Claimant: Revenue Commissioners; Company in Liquidation: Coombe Importers Limited
Jurisdiction
Ireland
Procedural Posture
Winding Up Application / Application for Directions Regarding Claim Status
Outcome
Claim for super-preferential status rejected; claim only entitled to preferential status.
Legal Topics
Preferential Claims in Liquidation, Super Preferential Status, PRSI Deductions, Statutory Interpretation
Insolvency Company Law Social Welfare Law Preferential Claims in Liquidation Super Preferential Status PRSI Deductions Statutory Interpretation

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Parties

Thomas Grace

Official Liquidator

Revenue Commissioners

Claimant

Coombe Importers Limited

Company in Liquidation

Procedural Posture

Winding Up Application / Application for Directions Regarding Claim Status

Legal Issues

  1. 1 Whether estimated PRSI sums not physically deducted are entitled to super-preferential status under Section 120 of the Social Welfare (Consolidation) Act, 1981 or only preferential status under Section 285 of the Companies Act, 1963

Ratio Decidendi

Super-preferential status under Section 120(2) of the 1981 Act and Section 16(2)(a) of the 1993 Act is limited to sums actually deducted by the employer; estimated sums not physically deducted do not qualify. Section 16(2)(b) of the 1993 Act cannot be applied retrospectively as it has no corresponding provision in the 1981 Act.

Court Disposition

Claim for super-preferential status rejected; claim only entitled to preferential status.

Orders

  • Estimated PRSI sum of £12,811.03 does not have super-preferential status; only preferential status applies.