Murphy -v- O'Flynn & anor [2016] IEHC 197 (18 April 2016)

Murphy -v- O'Flynn & anor [2016] IEHC 197 (18 April 2016)

The Court exercised its discretion to determine the application under s. 819 of the Companies Act 2014, finding that William O’Flynn failed to act responsibly as a director, and made a restriction order against him. Deirdre O’Flynn was not restricted due to evidence of active deception and reasonable steps taken upon discovery.

Citation
[2016] IEHC 197
Parties
Applicant: Gerard Murphy; Respondent: William O’Flynn; Respondent: Deirdre O’Flynn
Jurisdiction
Ireland
Judgment Date
18 April 2016
Procedural Posture
Restriction Application Under Companies Act / Judgment on Application for Restriction Order
Outcome
Restriction order made against William O’Flynn under s. 819 of the Companies Act 2014; application against Deirdre O’Flynn refused.
Legal Topics
Director Restriction, Transitional Provisions, Corporate Governance, Liquidation
Company Law Insolvency Law Director Restriction Transitional Provisions Corporate Governance Liquidation

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Parties

Gerard Murphy

Applicant

William O’Flynn

Respondent

Deirdre O’Flynn

Respondent

Procedural Posture

Restriction Application Under Companies Act / Judgment on Application for Restriction Order

Legal Issues

  1. 1 Whether the restriction application should be determined under s. 150 of the Companies Act 1990 or s. 819 of the Companies Act 2014
  2. 2 Whether the directors acted honestly and responsibly in the conduct of the company’s affairs
  3. 3 Whether the increased capitalisation requirements under s. 819 apply to conduct predating the 2014 Act

Ratio Decidendi

The Court exercised its discretion to determine the application under s. 819 of the Companies Act 2014, finding that William O’Flynn failed to act responsibly as a director, and made a restriction order against him. Deirdre O’Flynn was not restricted due to evidence of active deception and reasonable steps taken upon discovery.

Court Disposition

Restriction order made against William O’Flynn under s. 819 of the Companies Act 2014; application against Deirdre O’Flynn refused.

Orders

  • Declaration of restriction against William O’Flynn pursuant to s. 819(1) of the Companies Act 2014
  • No restriction order against Deirdre O’Flynn