Chestvale Properties Ltd. v. Glackin [1992] IEHC 2 (7th February, 1992)

Chestvale Properties Ltd. v. Glackin [1992] IEHC 2 (7th February, 1992)

Part II of the Companies Act 1990 operates retrospectively to allow inspectors to compel production of documents created before its commencement, and this does not constitute an unconstitutional or unjust attack on property rights. The inspector was not disqualified for bias at the preliminary stage of the...

Source-derived case information.

Citation
[1992] IEHC 2
Parties
Applicant: Chestvale Properties Ltd.; Applicant: Hoddle Investments Ltd.; Respondent: John A. Glackin; Notice Party: Ansbacher Bankers Ltd.; Notice Party: Noel Smyth and Partners; Notice Party: The Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review refused; cause shown allowed.
Legal Topics
Retrospective Operation of Statutes, Inspector's Powers Under Companies Act 1990, Legal Professional Privilege, Bias and Impartiality, Production of Documents, Property Rights Under Constitution
Company Law Constitutional Law Administrative Law Retrospective Operation of Statutes Inspector's Powers Under Companies Act 1990 Legal Professional Privilege Bias and Impartiality Production of Documents +1 more

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Summary, issues, holding and outcome

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Parties

Chestvale Properties Ltd.

Applicant

Hoddle Investments Ltd.

Applicant

John A. Glackin

Respondent

Ansbacher Bankers Ltd.

Notice Party

Noel Smyth and Partners

Notice Party

The Attorney General

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Part II of the Companies Act 1990 operates retrospectively to allow inspectors to compel production of documents created before its commencement
  2. 2 Whether such retrospective operation is unconstitutional as an unjust attack on property rights
  3. 3 Whether the inspector was disqualified for bias due to prior professional relationships

Ratio Decidendi

Part II of the Companies Act 1990 operates retrospectively to allow inspectors to compel production of documents created before its commencement, and this does not constitute an unconstitutional or unjust attack on property rights. The inspector was not disqualified for bias at the preliminary stage of the investigation. The demand for documents relating to Delion Investment Dealings Ltd. was not authorised, but this did not invalidate the overall demand. The demands were not so wide or oppressive as to be invalid.

Court Disposition

Application for judicial review refused; cause shown allowed.

Orders

  • Inspector's appointment and demands for documents (except as to Delion) upheld.
  • Demand for documents relating solely to Delion Investment Dealings Ltd. not authorised.