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 personal contributions to creditors, the exceptional facts, and the prior judge's willingness to stay the order and entertain the application, it is just and equitable to grant full relief from the restriction imposed under Section 150.

Citation
[1999] IEHC 103
Parties
Applicant: Gerard Robinson; Respondent: Respondent (Liquidator); Creditor/notice Party: Revenue Commissioners
Jurisdiction
Ireland
Procedural Posture
Application Under Companies Act / Application for Relief From Director Restriction Order
Outcome
Application granted
Legal Topics
Director Restriction, Relief From Restriction, Liquidator's Duties, Creditor Notification, Just and Equitable Relief
Company Law Insolvency Law Director Restriction Relief From Restriction Liquidator's Duties Creditor Notification Just and Equitable Relief

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Parties

Gerard Robinson

Applicant

Respondent (Liquidator)

Respondent

Revenue Commissioners

Creditor/notice Party

Procedural Posture

Application Under Companies Act / 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 the procedural requirements for notification to creditors and contributories were satisfied
  3. 3 What factors should guide the court in exercising its discretion under Section 152

Ratio Decidendi

Given the applicant's honest conduct, substantial personal contributions to creditors, the exceptional facts, and the prior judge's willingness to stay the order and entertain the application, it is just and equitable to grant full relief from the restriction imposed under Section 150.

Court Disposition

Application granted

Orders

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