Leahy -v- Bailey & ors [2016] IEHC 592 (28 October 2016)

Leahy -v- Bailey & ors [2016] IEHC 592 (28 October 2016)

Respondents failed to establish honest and responsible conduct and failed to cooperate with the liquidator; documentation and information regarding substantial property transactions were not provided; passive role of third respondent does not exempt from restriction; court is obliged to make restriction declaration under s. 819(1) Companies Act 2014.

Citation
[2016] IEHC 592
Parties
Applicant: Eamonn Leahy; Respondent: Helen Jayne Bailey; Respondent: Stephen James Logue; Respondent: Denis Cremin
Jurisdiction
Ireland
Judgment Date
28 October 2016
Procedural Posture
Application for Restriction Order Under Companies Act / Judgment
Outcome
Declaration of restriction made against all respondents under s. 819(1) Companies Act 2014.
Legal Topics
Director Restriction, Liquidation, Duty of Directors, Substantial Property Transactions, Failure to Cooperate With Liquidator
Company Law Insolvency Director Restriction Liquidation Duty of Directors Substantial Property Transactions Failure to Cooperate With Liquidator

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Parties

Eamonn Leahy

Applicant

Helen Jayne Bailey

Respondent

Stephen James Logue

Respondent

Denis Cremin

Respondent

Procedural Posture

Application for Restriction Order Under Companies Act / Judgment

Legal Issues

  1. 1 Whether respondents acted honestly and responsibly as directors
  2. 2 Whether it is just and equitable to restrict respondents from acting as directors

Ratio Decidendi

Respondents failed to establish honest and responsible conduct and failed to cooperate with the liquidator; documentation and information regarding substantial property transactions were not provided; passive role of third respondent does not exempt from restriction; court is obliged to make restriction declaration under s. 819(1) Companies Act 2014.

Court Disposition

Declaration of restriction made against all respondents under s. 819(1) Companies Act 2014.

Orders

  • Declaration of restriction against Helen Jayne Bailey, Stephen James Logue, and Denis Cremin under s. 819(1) Companies Act 2014.