Donegal Investment Group Plc -v- Danbywiske & Ors [2016] IECA 226 (27 July 2016)

Donegal Investment Group Plc -v- Danbywiske & Ors [2016] IECA 226 (27 July 2016)

Given the unusual procedural posture and the remittal of the valuation issue, it is impossible to determine success in the valuation module. The remedy module outcome favored respondents, but overall justice requires no order as to costs in both High Court and appeal proceedings.

Citation
[2016] IECA 226
Parties
Petitioner/appellant: Donegal Investment Group PLC; Respondent: Danbywiske; Respondent: Ronald Wilson; Respondent: The General Partners of the Wilson Limited Partnership 1; Respondent: Monaghan Mushrooms Ireland; Respondent: ELST
Jurisdiction
Ireland
Judgment Date
27 July 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; High Court costs order set aside; no order as to costs in High Court or appeal.
Legal Topics
Oppression Remedy, Costs, Share Valuation, Minority Shareholder Rights
Company Law Civil Procedure Oppression Remedy Costs Share Valuation Minority Shareholder Rights

Case Brief

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Parties

Donegal Investment Group PLC

Petitioner/appellant

Danbywiske

Respondent

Ronald Wilson

Respondent

The General Partners of the Wilson Limited Partnership 1

Respondent

Monaghan Mushrooms Ireland

Respondent

ELST

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Entitlement to costs in High Court proceedings under s.205 Companies Act 1963
  2. 2 Appropriate costs order for appeal proceedings
  3. 3 Determination of success in valuation and remedy modules

Ratio Decidendi

Given the unusual procedural posture and the remittal of the valuation issue, it is impossible to determine success in the valuation module. The remedy module outcome favored respondents, but overall justice requires no order as to costs in both High Court and appeal proceedings.

Court Disposition

Appeal allowed; High Court costs order set aside; no order as to costs in High Court or appeal.

Orders

  • No order as to costs on the petition in the High Court to 5th June 2015, including valuation and remedy modules and all reserved costs.
  • No order as to costs in the valuation and remedy appeals.