McMahon -v- Larkin & anor [2016] IEHC 483 (24 June 2016)

Pauraic Larkin is restricted as director due to failure to act honestly and responsibly; Marie Gorman is not restricted as she resigned more than 12 months prior to winding up, and applicant failed to prove otherwise.

Citation: [2016] IEHC 483
Parties: Applicant: Eugene McMahon; Respondent: Pauraic Larkin; Respondent: Marie Gorman
Jurisdiction: Ireland
Judgment Date: 24 June 2016
Procedural Posture: Application for Restriction of Directors Under Companies Act / Judgment
Outcome: Declaration of restriction made against Pauraic Larkin; application against Marie Gorman refused.
Legal Topics: Restriction of Directors, Voluntary Liquidation, Director Resignation, Corporate Governance

Company Law Insolvency Restriction of Directors Voluntary Liquidation Director Resignation Corporate Governance

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5

Parties

Eugene McMahon

Applicant

Pauraic Larkin

Respondent

Marie Gorman

Respondent

Procedural Posture

Application for Restriction of Directors Under Companies Act / Judgment

Legal Issues

1 Whether respondents should be restricted under s.150 of the Companies Act 1990
2 Whether Marie Gorman was a director within 12 months prior to winding up
3 Whether directors acted honestly and responsibly

Ratio Decidendi

Court Disposition

Declaration of restriction made against Pauraic Larkin; application against Marie Gorman refused.

Orders

Restriction order pursuant to s.819 Companies Act 2014 against Pauraic Larkin
No order against Marie Gorman