Adalbert Ltd v Companies Acts 2014 (Approved) [2020] IEHC 194 (23 April 2020)

The respondent failed to act responsibly as a director and failed to cooperate with the liquidator as required by law, justifying a restriction order under s.819 Companies Act 2014 for five years.

Citation: [2020] IEHC 194
Parties: Applicant: Aiden Murphy; Respondent: Daragh Heagney
Jurisdiction: Ireland
Judgment Date: 23 April 2020
Procedural Posture: Application for Director Restriction Under Companies Act 2014 S.819 / High Court Judgment
Outcome: Restriction order granted against the respondent for five years under s.819 Companies Act 2014.
Legal Topics: Director Restriction, Liquidation, Director Responsibilities, Failure to Maintain Books and Records, Failure to File Returns, Insolvency, Cooperation With Liquidator

Company Law Insolvency Law Director Restriction Liquidation Director Responsibilities Failure to Maintain Books and Records Failure to File Returns Insolvency +1 more

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Parties

Aiden Murphy

Applicant

Daragh Heagney

Respondent

Procedural Posture

Application for Director Restriction Under Companies Act 2014 S.819 / High Court Judgment

Legal Issues

1 Whether the respondent acted responsibly as a director of Adalbert Limited (in liquidation)
2 Whether the respondent cooperated as far as could reasonably be expected with the liquidator
3 Whether a restriction order under s.819 Companies Act 2014 should be made

Ratio Decidendi

The respondent failed to act responsibly as a director and failed to cooperate with the liquidator as required by law, justifying a restriction order under s.819 Companies Act 2014 for five years.

Court Disposition

Restriction order granted against the respondent for five years under s.819 Companies Act 2014.

Orders

Declaration that the respondent shall not for five years be appointed or act as director or secretary of a company or be concerned in the formation or promotion of a company unless the company meets the requirements of s.819(3) Companies Act 2014.