Gasco Ltd. (in liquidation), Re [2001] IEHC 20 (5th February, 2001)

Gasco Ltd. (in liquidation), Re [2001] IEHC 20 (5th February, 2001)

David Rooney was found to be a shadow director who acted irresponsibly by allowing excessive credit to a related company and failing to maintain proper records, warranting a restriction order under Section 150. Berney and Doyle were found to have acted honestly and responsibly, so no restriction orders were made against them.

Citation
[2001] IEHC 20
Parties
Applicant (official Liquidator): Liam Dowdall; Respondent (former Director): Richard Berney; Respondent (former Director): Thomas Doyle; Respondent (alleged Shadow Director): David Rooney
Jurisdiction
Ireland
Procedural Posture
Application Under Companies Act Section 150 / Judgment on Application for Restriction Orders Against Directors
Outcome
Restriction order made against David Rooney; no orders against Richard Berney or Thomas Doyle.
Legal Topics
Restriction of Directors, Shadow Directorship, Director Responsibilities, Liquidation
Company Law Insolvency Law Restriction of Directors Shadow Directorship Director Responsibilities Liquidation

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 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Liam Dowdall

Applicant (official Liquidator)

Richard Berney

Respondent (former Director)

Thomas Doyle

Respondent (former Director)

David Rooney

Respondent (alleged Shadow Director)

Procedural Posture

Application Under Companies Act Section 150 / Judgment on Application for Restriction Orders Against Directors

Legal Issues

  1. 1 Whether David Rooney was a shadow director and should be subject to a restriction order under Section 150 of the Companies Act 1990
  2. 2 Whether Richard Berney and Thomas Doyle acted honestly and responsibly as directors within the meaning of Section 150(2)

Ratio Decidendi

David Rooney was found to be a shadow director who acted irresponsibly by allowing excessive credit to a related company and failing to maintain proper records, warranting a restriction order under Section 150. Berney and Doyle were found to have acted honestly and responsibly, so no restriction orders were made against them.

Court Disposition

Restriction order made against David Rooney; no orders against Richard Berney or Thomas Doyle.

Orders

  • Restriction order under Section 150 of the Companies Act 1990 against David Rooney
  • No restriction orders against Richard Berney and Thomas Doyle