Taite -v- Breslin [2014] IEHC 184 (01 April 2014)

Taite -v- Breslin [2014] IEHC 184 (01 April 2014)

Mr. Breslin acted responsibly in relation to the conduct of Shellware Limited; none of the alleged grounds rise to the level of irresponsibility required for a restriction order under s.150 Companies Act 1990.

Citation
[2014] IEHC 184
Parties
Applicant: Declan Taite; Respondent: Eoghan Breslin
Jurisdiction
Ireland
Judgment Date
01 April 2014
Procedural Posture
Application for Restriction Order Under Companies Act / Judgment
Outcome
Restriction order refused; extension of time granted.
Legal Topics
Director Responsibility, Restriction Order, Liquidator Duties, Extension of Time
Company Law Insolvency Law Director Responsibility Restriction Order Liquidator Duties Extension of Time

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Parties

Declan Taite

Applicant

Eoghan Breslin

Respondent

Procedural Posture

Application for Restriction Order Under Companies Act / Judgment

Legal Issues

  1. 1 Whether Mr. Breslin acted responsibly as director of Shellware Limited
  2. 2 Whether a restriction order under s.150 Companies Act 1990 should be made
  3. 3 Whether extension of time for making the application should be granted

Ratio Decidendi

Mr. Breslin acted responsibly in relation to the conduct of Shellware Limited; none of the alleged grounds rise to the level of irresponsibility required for a restriction order under s.150 Companies Act 1990.

Court Disposition

Restriction order refused; extension of time granted.

Orders

  • No restriction order under s.150 Companies Act 1990 against Mr. Breslin.
  • Extension of time for making the application granted under s.56 Company Law Enforcement Act 2001.