CTO Greenclean Enviromental Solutions Ltd -v- Companies Acts 1963 - 2009 [2012] IEHC 121 (12 March 2012)

CTO Greenclean Enviromental Solutions Ltd -v- Companies Acts 1963 - 2009 [2012] IEHC 121 (12 March 2012)

The evidence does not establish substantial grounds for the company's claim that the petitioner is estopped from enforcing the judgment by winding up; the company is insolvent and a winding up order is appropriate.

Citation
[2012] IEHC 121
Parties
Petitioner: Louis J. O'Regan Limited; Respondent: CTO Greenclean Environmental Solutions Ltd.
Jurisdiction
Ireland
Judgment Date
12 March 2012
Procedural Posture
Winding Up Petition / Judgment on Petition for Winding Up
Outcome
Winding up order made; appointment of official liquidator adjourned for nomination of alternative liquidator.
Legal Topics
Compulsory Winding Up, Creditor's Petition, Promissory Estoppel, Insolvency, Appointment of Liquidator
Company Law Insolvency Compulsory Winding Up Creditor's Petition Promissory Estoppel Appointment of Liquidator

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Parties

Louis J. O'Regan Limited

Petitioner

CTO Greenclean Environmental Solutions Ltd.

Respondent

Procedural Posture

Winding Up Petition / Judgment on Petition for Winding Up

Legal Issues

  1. 1 Whether the petitioner is estopped from enforcing judgment by winding up due to alleged representation not to enforce
  2. 2 Whether the company is insolvent and liable to be wound up

Ratio Decidendi

The evidence does not establish substantial grounds for the company's claim that the petitioner is estopped from enforcing the judgment by winding up; the company is insolvent and a winding up order is appropriate.

Court Disposition

Winding up order made; appointment of official liquidator adjourned for nomination of alternative liquidator.

Orders

  • Company to be wound up under Companies Acts 1963-2009.
  • Petitioner to nominate alternative official liquidator and provide evidence of suitability.