Donegal Investment Group plc -v- Danbywiske & Ors [2017] IECA 140 (08 May 2017)

The Court of Appeal does not have jurisdiction to amend the valuation date in its final order absent special or unusual circumstances; delay caused by appeal does not constitute such circumstances.

Citation: [2017] IECA 140
Parties: Petitioner/appellant: Donegal Investment Group PLC; Respondents: Danbywiske, Ronald Wilson, The General Partners of the Wilson Limited Partnership 1, Monaghan Mushrooms Ireland and Elst (No.3)
Jurisdiction: Ireland
Judgment Date: 08 May 2017
Procedural Posture: Company Law Petition / Application to Vary Final Order on Valuation Date
Outcome: application refused
Legal Topics: Share Valuation, Oppression Remedy, Finality of Orders, Jurisdiction to Amend Orders

Company Law Civil Procedure Share Valuation Oppression Remedy Finality of Orders Jurisdiction to Amend Orders

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Parties

Donegal Investment Group PLC

Petitioner/appellant

Danbywiske, Ronald Wilson, The General Partners of the Wilson Limited Partnership 1, Monaghan Mushrooms Ireland and Elst (No.3)

Respondents

Procedural Posture

Company Law Petition / Application to Vary Final Order on Valuation Date

Legal Issues

1 Whether the Court of Appeal has jurisdiction to vary the valuation date specified in its final order
2 Whether delay in rehearing constitutes special or unusual circumstances justifying amendment of a final order

Ratio Decidendi

The Court of Appeal does not have jurisdiction to amend the valuation date in its final order absent special or unusual circumstances; delay caused by appeal does not constitute such circumstances.

Court Disposition

application refused

Orders

The application to amend or vary the order of 17th June, 2016 is refused.