Honniball v Cunningham [2006] IEHC 326 (27 October 2006)

Honniball v Cunningham [2006] IEHC 326 (27 October 2006)

Shares in a private company limited by shares incorporated under the Companies Act, 1963 possess sufficient attributes of publicity to fall within the meaning of 'public company' in s. 23 of the Debtors (Ireland) Act, 1840, enabling a charging order to be made; the plaintiff was not confined to a single enforcement...

Source-derived case information.

Citation
[2006] IEHC 326
Parties
Plaintiff: Clifford Honniball; Defendant: Brian Cunningham; Notice Party: BPI Property Company Limited
Jurisdiction
Ireland
Judgment Date
27 October 2006
Procedural Posture
Application to Discharge Charging Order and Receiver Appointment / Post Judgment Enforcement
Outcome
Application to discharge charging order refused; charging order made absolute; receiver appointment discharged; joinder of company as notice party discharged.
Legal Topics
Charging Order, Receiver by Way of Equitable Execution, Interpretation of 'public Company', Ex Parte Applications, Duty of Candour
Civil Procedure Company Law Judgment Enforcement Charging Order Receiver by Way of Equitable Execution Interpretation of 'public Company' Ex Parte Applications Duty of Candour

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Summary, issues, holding and outcome

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Parties

Clifford Honniball

Plaintiff

Brian Cunningham

Defendant

BPI Property Company Limited

Notice Party

Procedural Posture

Application to Discharge Charging Order and Receiver Appointment / Post Judgment Enforcement

Legal Issues

  1. 1 Whether a charging order can be made over shares in a private company under s. 23 of the Debtors (Ireland) Act, 1840
  2. 2 Whether the appointment of a receiver by way of equitable execution is appropriate
  3. 3 Whether the plaintiff failed in his duty of candour in the ex parte application

Ratio Decidendi

Shares in a private company limited by shares incorporated under the Companies Act, 1963 possess sufficient attributes of publicity to fall within the meaning of 'public company' in s. 23 of the Debtors (Ireland) Act, 1840, enabling a charging order to be made; the plaintiff was not confined to a single enforcement process and did not breach duty of candour; receiver appointment was inappropriate as the defendant had legal ownership of the share and no equitable interest; joinder of the company as notice party was unnecessary.

Court Disposition

Application to discharge charging order refused; charging order made absolute; receiver appointment discharged; joinder of company as notice party discharged.

Orders

  • Order joining BPI Property Company Limited as notice party discharged.
  • Charging order over defendant's share in BPI Property Company Limited declared absolute.