Dowling & ors v Cook & ors [2013] IESC 25 (16 May 2013)

Dowling & ors v Cook & ors [2013] IESC 25 (16 May 2013)

The Court refused interlocutory relief because the applicant's right to the directorship was subject to re-election under the articles, the relief sought would have radical and potentially disenfranchising effects, and any remedy available at this stage could also be granted after trial if the petitioners succeed. The balance of convenience did not favour granting the injunction.

Citation
[2013] IESC 25
Parties
Appellant: Dowling & ors; Respondent: Cook & ors
Jurisdiction
Ireland
Judgment Date
16 May 2013
Procedural Posture
Appeal / Interlocutory Application
Outcome
appeal dismissed
Legal Topics
Interlocutory Injunction, Director Removal, Minority Shareholder Protection, Balance of Convenience, Effective Remedy Under EU Law
Company Law European Union Law Interlocutory Injunction Director Removal Minority Shareholder Protection Balance of Convenience Effective Remedy Under EU Law

Case Brief

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Parties

Dowling & ors

Appellant

Cook & ors

Respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether interlocutory prohibitory injunction should be granted to restrain termination of directorship pending trial under s.205 Companies Act 1963
  2. 2 Whether refusal of interim relief would deprive applicant of effective remedy under EU law

Ratio Decidendi

The Court refused interlocutory relief because the applicant's right to the directorship was subject to re-election under the articles, the relief sought would have radical and potentially disenfranchising effects, and any remedy available at this stage could also be granted after trial if the petitioners succeed. The balance of convenience did not favour granting the injunction.

Court Disposition

appeal dismissed

Orders

  • Application for interlocutory relief refused