Star Elm Frames Ltd, Re Companies Act 2014 [2016] IECA 234 (24 August 2016)

Star Elm Frames Ltd, Re Companies Act 2014 [2016] IECA 234 (24 August 2016)

No grounds exist for granting a stay on the operation of the High Court orders except in respect of the costs awarded to the petitioner against Mr. Fitzpatrick personally; justice requires the appeal be expedited.

Citation
[2016] IECA 234
Parties
First Appellant: Star Elm Frames Limited; Second Appellant: Anthony J. Fitzpatrick; Petitioner/respondent: Michael Gladney
Jurisdiction
Ireland
Judgment Date
24 August 2016
Procedural Posture
Application for Stay Pending Appeal in Liquidation Proceedings / Post High Court Order, Pre Appeal
Outcome
Stay refused except as to costs order against Mr. Fitzpatrick personally; appeal to be expedited.
Legal Topics
Compulsory Liquidation, Appointment of Liquidator, Stay of Court Orders, Costs in Liquidation, Jurisdiction Under Companies Act 2014
Company Law Insolvency Compulsory Liquidation Appointment of Liquidator Stay of Court Orders Costs in Liquidation Jurisdiction Under Companies Act 2014

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Parties

Star Elm Frames Limited

First Appellant

Anthony J. Fitzpatrick

Second Appellant

Michael Gladney

Petitioner/respondent

Procedural Posture

Application for Stay Pending Appeal in Liquidation Proceedings / Post High Court Order, Pre Appeal

Legal Issues

  1. 1 Whether a stay should be granted on High Court orders for compulsory liquidation and appointment of liquidator
  2. 2 Whether the High Court had jurisdiction to order handover of company records under s.572(1)(b) Companies Act 2014
  3. 3 Whether costs order against Mr. Fitzpatrick personally was appropriate

Ratio Decidendi

No grounds exist for granting a stay on the operation of the High Court orders except in respect of the costs awarded to the petitioner against Mr. Fitzpatrick personally; justice requires the appeal be expedited.

Court Disposition

Stay refused except as to costs order against Mr. Fitzpatrick personally; appeal to be expedited.

Orders

  • No stay on winding up order or appointment of Mr. Kirby as liquidator.
  • Stay granted on costs order against Mr. Fitzpatrick personally pending appeal.