McQuaid v. Malone [1997] IEHC 115 (2nd July, 1997)

McQuaid v. Malone [1997] IEHC 115 (2nd July, 1997)

Second defendant cannot establish right to set-off against sums owed to company; leave to counterclaim refused. First defendant has not provided sufficient affidavit evidence to support counterclaim or subrogation claim; matter adjourned to allow proper evidence. Interlocutory injunction application is baseless and refused.

Citation
[1997] IEHC 115
Parties
Plaintiff: Greendale Developments Limited (In Liquidation); Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction
Ireland
Procedural Posture
High Court Civil Proceedings / Motion for Leave to Counterclaim and Interlocutory Injunction
Outcome
Leave to counterclaim refused for second defendant; application adjourned for first defendant to provide evidence; interlocutory injunction refused.
Legal Topics
Counterclaim, Set Off, Liquidation, Subrogation, Interlocutory Injunction
Company Law Civil Procedure Counterclaim Set Off Liquidation Subrogation Interlocutory Injunction

Case Brief

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Parties

Greendale Developments Limited (In Liquidation)

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

High Court Civil Proceedings / Motion for Leave to Counterclaim and Interlocutory Injunction

Legal Issues

  1. 1 Whether leave should be granted to defendants to counterclaim against the plaintiff
  2. 2 Whether set-off is permissible against sums owed to the company in liquidation
  3. 3 Whether the first defendant has a stateable case for relief beyond proving as unsecured creditor

Ratio Decidendi

Second defendant cannot establish right to set-off against sums owed to company; leave to counterclaim refused. First defendant has not provided sufficient affidavit evidence to support counterclaim or subrogation claim; matter adjourned to allow proper evidence. Interlocutory injunction application is baseless and refused.

Court Disposition

Leave to counterclaim refused for second defendant; application adjourned for first defendant to provide evidence; interlocutory injunction refused.

Orders

  • Leave to counterclaim refused for second defendant
  • Application for leave to counterclaim by first defendant adjourned