Robinson v. Forrest [1999] IEHC 103; [1999] 1 IR 426; [1999] 2 ILRM 169 (11th February, 1999)

Robinson v. Forrest [1999] IEHC 103; [1999] 1 IR 426; [1999] 2 ILRM 169 (11th February, 1999)

Given the applicant's honest conduct, substantial financial contribution to creditors, the exceptional circumstances, and the original judge's willingness to stay and review the restriction, it is just and equitable to grant full relief from the restriction order.

Citation
[1999] 2 ILRM 169
Parties
Applicant: Gerard Robinson; Respondent: Respondent (Liquidator); Creditor/objector: Revenue Commissioners
Jurisdiction
Ireland
Procedural Posture
Application Under Companies Act 1990 S.152 / Judgment on Application for Relief From Director Restriction Order
Outcome
Application granted; full relief from restriction order under Section 150.
Legal Topics
Director Restriction, Relief From Restriction, Liquidation, Creditor Notification, Just and Equitable Relief
Company Law Insolvency Law Director Restriction Relief From Restriction Liquidation Creditor Notification Just and Equitable Relief

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Parties

Gerard Robinson

Applicant

Respondent (Liquidator)

Respondent

Revenue Commissioners

Creditor/objector

Procedural Posture

Application Under Companies Act 1990 S.152 / Judgment on Application for Relief From Director Restriction Order

Legal Issues

  1. 1 Whether the applicant should be granted relief in whole from the restrictions imposed under Section 150 of the Companies Act 1990
  2. 2 Whether it is just and equitable to grant such relief

Ratio Decidendi

Given the applicant's honest conduct, substantial financial contribution to creditors, the exceptional circumstances, and the original judge's willingness to stay and review the restriction, it is just and equitable to grant full relief from the restriction order.

Court Disposition

Application granted; full relief from restriction order under Section 150.

Orders

  • Applicant granted relief in full from the restrictions imposed by the order of 22nd January, 1998 under Section 150 of the Companies Act 1990.