Amantiss Enterprises Ltd. Re [1999] IEHC 74; [2000] 2 ILRM 177 (21st December, 1999)

Amantiss Enterprises Ltd. Re [1999] IEHC 74; [2000] 2 ILRM 177 (21st December, 1999)

An order restoring a company to the register under Section 12(6) of the Companies (Amendment) Act, 1982 automatically validates all acts done by or on behalf of the company during the period from dissolution until restoration; restoration is granted as it is just, and strike out relief is refused.

Citation
[2000] 2 ILRM 177
Parties
Petitioner/second Named Plaintiff: Amantiss Enterprises Limited; First Named Plaintiff: Framus Limited; Third Named Plaintiff: Wilbury Limited; Seventh Named Defendant/notice Party: Kilsaran Concrete Products Limited; Defendants/notice Parties: CRH Companies (First Five Defendants); Defendant/notice Party: Sixth Named Defendant; Defendant/notice Party: Eighth Named Defendant; Notice Party: Registrar of Companies
Jurisdiction
Ireland
Procedural Posture
Company Restoration and Strike Out Motion / Judgment on Petition and Motion
Outcome
Petition granted; Notice of Motion refused
Legal Topics
Restoration to Register, Retrospective Validation of Acts, Strike Out Applications, Statutory Interpretation, Anti Competitive Practices
Company Law Competition Law Civil Procedure Restoration to Register Retrospective Validation of Acts Strike Out Applications Statutory Interpretation Anti Competitive Practices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Amantiss Enterprises Limited

Petitioner/second Named Plaintiff

Framus Limited

First Named Plaintiff

Wilbury Limited

Third Named Plaintiff

Kilsaran Concrete Products Limited

Seventh Named Defendant/notice Party

CRH Companies (First Five Defendants)

Defendants/notice Parties

Sixth Named Defendant

Defendant/notice Party

Eighth Named Defendant

Defendant/notice Party

Registrar of Companies

Notice Party

Procedural Posture

Company Restoration and Strike Out Motion / Judgment on Petition and Motion

Legal Issues

  1. 1 Whether restoration under Section 12(6) of the Companies (Amendment) Act, 1982 retrospectively validates acts done during dissolution
  2. 2 Whether it is just to restore Amantiss Enterprises Limited to the register
  3. 3 Whether acts such as appointment of liquidator and institution of proceedings are valid

Ratio Decidendi

An order restoring a company to the register under Section 12(6) of the Companies (Amendment) Act, 1982 automatically validates all acts done by or on behalf of the company during the period from dissolution until restoration; restoration is granted as it is just, and strike out relief is refused.

Court Disposition

Petition granted; Notice of Motion refused

Orders

  • Name of Amantiss Enterprises Limited restored to the Register pursuant to Section 12(6) of the Companies (Amendment) Act, 1982
  • All acts done by or on behalf of Amantiss during dissolution deemed valid