Clariant AG & Anor and Clariant Plastics & Coatings (Ireland) Ltd (Approved) [2020] IEHC 211 (28 April 2020)

Clariant AG & Anor and Clariant Plastics & Coatings (Ireland) Ltd (Approved) [2020] IEHC 211 (28 April 2020)

The court has jurisdiction under s. 26 of the Trustee Act 1893 to vest the land directly in Clariant Plastics as the trustee cannot be found, and it is appropriate and convenient to do so in the circumstances.

Source-derived case information.

Citation
[2020] IEHC 211
Parties
Applicant: Clariant AG; Applicant: Clariant Plastics & Coatings (Ireland) Limited; Respondent: Minister for Finance; Respondent: Chief State Solicitor
Jurisdiction
Ireland
Judgment Date
28 April 2020
Procedural Posture
Application Under Trustee Act 1893 / Ex Tempore Judgment at First Instance
Outcome
Orders granted as sought.
Legal Topics
Appointment of Trustee, Vesting of Property, Dissolution of Company, State Property Act, Statute of Frauds
Trusts and Estates Property Law Company Law Appointment of Trustee Vesting of Property Dissolution of Company State Property Act Statute of Frauds

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Parties

Clariant AG

Applicant

Clariant Plastics & Coatings (Ireland) Limited

Applicant

Minister for Finance

Respondent

Chief State Solicitor

Respondent

Procedural Posture

Application Under Trustee Act 1893 / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 Whether the court should appoint a new trustee or vest land directly under the Trustee Act 1893
  2. 2 Whether the land was held on trust for Clariant AG after dissolution of Clariant Specialities (Ireland) Limited
  3. 3 Whether the land vested in the State under the State Property Act 1954

Ratio Decidendi

The court has jurisdiction under s. 26 of the Trustee Act 1893 to vest the land directly in Clariant Plastics as the trustee cannot be found, and it is appropriate and convenient to do so in the circumstances.

Court Disposition

Orders granted as sought.

Orders

  • Order pursuant to s. 26 of the Trustee Act 1893 vesting the leasehold interest in Folio KE4566L County Kildare and any other estate, right, title or interest held by Clariant Specialities on the date of its dissolution in Clariant Plastics & Coatings (Ireland) Limited.
  • Order in terms of the draft order provided by the applicants.