In the matter of Lanskey Ltd Byrne v Byrne & anor [2022] IECA 34 (08 February 2022)

The appeal was dismissed because the breakdown in trust and management deadlock justified winding up on just and equitable grounds; the exclusion of late affidavits did not cause real prejudice as they would not have altered the outcome.

Citation: [2022] IECA 34
Parties: Petitioner/respondent: Joseph Byrne; Respondent/appellant: Catríona Byrne; Respondent/appellant: Sean Byrne
Jurisdiction: Ireland
Judgment Date: 08 February 2022
Procedural Posture: Company Winding Up Petition and Appeal / Appeal From High Court Order to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Winding Up on Just and Equitable Grounds, Breakdown of Trust in Quasi Partnership, Deadlock in Management, Affidavit Evidence and Procedural Fairness

Company Law Civil Procedure Winding Up on Just and Equitable Grounds Breakdown of Trust in Quasi Partnership Deadlock in Management Affidavit Evidence and Procedural Fairness

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Parties

Joseph Byrne

Petitioner/respondent

Catríona Byrne

Respondent/appellant

Sean Byrne

Respondent/appellant

Procedural Posture

Company Winding Up Petition and Appeal / Appeal From High Court Order to Court of Appeal

Legal Issues

1 Whether the High Court erred in refusing to admit late affidavits and/or adjourn the hearing
2 Whether the High Court erred in making a winding-up order on just and equitable grounds

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Order of the High Court winding up Lanskey Limited and appointing a liquidator affirmed