McMahon -v- Larkin & anor [2016] IEHC 496 (11 August 2016)

McMahon -v- Larkin & anor [2016] IEHC 496 (11 August 2016)

The Court found that the liquidator acted in good faith and on reasonable grounds, and that Ms Gorman did not clarify her resignation until late in the proceedings; therefore, the Court exercised its discretion to make no order as to costs.

Citation
[2016] IEHC 496
Parties
Applicant: Eugene McMahon; Respondent: Pauraic Larkin; Respondent: Marie Gorman
Jurisdiction
Ireland
Judgment Date
11 August 2016
Procedural Posture
Application for Declaration of Restriction Under S.150 Companies Act 1990 / Costs Ruling Post Substantive Judgment
Outcome
No order as to costs
Legal Topics
Restriction of Directors, Costs in Insolvency Proceedings, Liquidator Duties
Company Law Insolvency Restriction of Directors Costs in Insolvency Proceedings Liquidator Duties

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Parties

Eugene McMahon

Applicant

Pauraic Larkin

Respondent

Marie Gorman

Respondent

Procedural Posture

Application for Declaration of Restriction Under S.150 Companies Act 1990 / Costs Ruling Post Substantive Judgment

Legal Issues

  1. 1 Whether costs should be awarded to respondent after unsuccessful restriction application
  2. 2 Liquidator's duty in bringing restriction applications
  3. 3 Court's discretion in costs under s.150 Companies Act 1990

Ratio Decidendi

The Court found that the liquidator acted in good faith and on reasonable grounds, and that Ms Gorman did not clarify her resignation until late in the proceedings; therefore, the Court exercised its discretion to make no order as to costs.

Court Disposition

No order as to costs

Orders

  • No order concerning the costs of the application