Squash (Ireland) Ltd. , Re [2001] IESC 200; [2001] 3 IR 35 (8 February 2001)

Squash (Ireland) Ltd. , Re [2001] IESC 200; [2001] 3 IR 35 (8 February 2001)

The appellants acted honestly and responsibly throughout their tenure, complied with statutory and professional obligations, and their conduct in seeking subscriptions was not sufficiently irresponsible to justify restriction under s.150 Companies Act 1990.

Citation
[2001] IESC 200
Parties
Appellant: David Balbirnie; Appellant: Trevor Watkins; Respondent: Joseph Moreau
Jurisdiction
Ireland
Judgment Date
08 February 2001
Procedural Posture
Company Law Appeal / Appeal From High Court Order
Outcome
appeal allowed
Legal Topics
Director Restriction, Responsibility of Directors, Companies Act S.150
Company Law Insolvency Director Restriction Responsibility of Directors Companies Act S.150

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Balbirnie

Appellant

Trevor Watkins

Appellant

Joseph Moreau

Respondent

Procedural Posture

Company Law Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether directors acted honestly and responsibly under s.150(2)(a) Companies Act 1990
  2. 2 Whether restriction order should be imposed for five years

Ratio Decidendi

The appellants acted honestly and responsibly throughout their tenure, complied with statutory and professional obligations, and their conduct in seeking subscriptions was not sufficiently irresponsible to justify restriction under s.150 Companies Act 1990.

Court Disposition

appeal allowed

Orders

  • Order of High Court reversed
  • No restriction imposed under s.150 Companies Act 1990