Ancorde Ltd & Anor -v- Horgan & Ors [2013] IEHC 266 (06 June 2013)

Ancorde Ltd & Anor -v- Horgan & Ors [2013] IEHC 266 (06 June 2013)

The alleged non-disclosure regarding the secret recording was not material to the issues before the court on the interlocutory applications, as the matters arising from the 6th November 2012 meeting were not relevant to the shareholder, directorship, or amended articles issues. There was no material non-disclosure...

Source-derived case information.

Citation
[2013] IEHC 266
Parties
Plaintiff: Ancorde Limited; Plaintiff: Barry Harte; Defendant: Miranda Horgan; Defendant: Collette Sweetnam; Defendant: Ashwood Investments Limited; Defendant to Counterclaim: Damien Ryan
Jurisdiction
Ireland
Judgment Date
06 June 2013
Procedural Posture
Civil / Interlocutory Application for Dismissal/discharge of Interlocutory Undertakings
Outcome
application dismissed
Legal Topics
Interlocutory Injunctions, Non Disclosure, Clean Hands Doctrine, Materiality of Evidence
Equity Company Law Interlocutory Injunctions Non Disclosure Clean Hands Doctrine Materiality of Evidence

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Parties

Ancorde Limited

Plaintiff

Barry Harte

Plaintiff

Miranda Horgan

Defendant

Collette Sweetnam

Defendant

Ashwood Investments Limited

Defendant

Damien Ryan

Defendant to Counterclaim

Procedural Posture

Civil / Interlocutory Application for Dismissal/discharge of Interlocutory Undertakings

Legal Issues

  1. 1 Whether the Harte Parties' failure to disclose the existence of a secret recording of a board meeting constituted material non-disclosure justifying dismissal of their interlocutory application and discharge of undertakings.
  2. 2 Whether the conduct of the Harte Parties breached the equitable 'clean hands' principle.

Ratio Decidendi

The alleged non-disclosure regarding the secret recording was not material to the issues before the court on the interlocutory applications, as the matters arising from the 6th November 2012 meeting were not relevant to the shareholder, directorship, or amended articles issues. There was no material non-disclosure or breach of the 'clean hands' principle sufficient to justify dismissal or discharge of undertakings.

Court Disposition

application dismissed

Orders

  • Defendants' application to dismiss the interlocutory application and discharge undertakings is dismissed.