Springline Ltd., Re [1997] IEHC 163; [1999] 1 IR 467; [1998] 1 ILRM 301 (28th October, 1997)

Examiner's remuneration, costs and expenses do not have priority over those of the liquidator in a winding-up by the court, as liquidator's costs are not a 'claim' or 'debt' against the company within the meaning of Section 29(3) Companies (Amendment) Act 1990.

Citation: [1997] IEHC 163
Parties: Examiner: Mr Rory O'Ferrall; Company: Springline Limited; Liquidator: Official Liquidator
Jurisdiction: Ireland
Procedural Posture: Petition to Determine Priority of Costs in Liquidation / Post Liquidation, Determination of Priority of Examiner's Remuneration
Outcome: Examiner's remuneration, costs and expenses do not have priority over liquidator's costs, remuneration and expenses.
Legal Topics: Priority of Claims in Liquidation, Remuneration of Examiner, Remuneration of Liquidator

Company Law Insolvency Law Priority of Claims in Liquidation Remuneration of Examiner Remuneration of Liquidator

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Parties

Mr Rory O'Ferrall

Examiner

Springline Limited

Company

Official Liquidator

Liquidator

Procedural Posture

Petition to Determine Priority of Costs in Liquidation / Post Liquidation, Determination of Priority of Examiner's Remuneration

Legal Issues

1 Whether examiner's remuneration, costs and expenses have priority over those of the liquidator in a winding-up by the court

Ratio Decidendi

Court Disposition

Examiner's remuneration, costs and expenses do not have priority over liquidator's costs, remuneration and expenses.

Orders

Examiner not entitled to payment of remuneration, costs and expenses in priority to those of the Official Liquidator.