Grant v McCarthy & anor [2020] IEHC 603 (25 November 2020)

Grant v McCarthy & anor [2020] IEHC 603 (25 November 2020)

The application is dismissed because the proceedings were brought outside the six-year statutory limitation period, and the delay in instituting proceedings was both inordinate and inexcusable. The applicant was aware of all relevant facts by March 2010 at the latest, yet did not issue proceedings until December 2017. No adequate explanation for the delay was provided. The balance of justice, considering the age and circumstances of the respondents and the lack of prejudice to creditors, requires that the application be struck out.

Citation
[2020] IEHC 603
Parties
Applicant: James J. Grant; Respondent: Terence McCarthy; Respondent: Mary McCarthy
Jurisdiction
Ireland
Judgment Date
25 November 2020
Procedural Posture
Company Law Application (liquidation Related) / High Court Judgment on Application for Orders Under Companies Act 2014
Outcome
Application struck out for inordinate and inexcusable delay and being statute barred.
Legal Topics
Liquidator's Powers, Director Liability, Statute of Limitations, Delay and Laches, Misfeasance, Fraudulent Trading
Company Law Insolvency Law Civil Procedure Liquidator's Powers Director Liability Statute of Limitations Delay and Laches Misfeasance +1 more

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Parties

James J. Grant

Applicant

Terence McCarthy

Respondent

Mary McCarthy

Respondent

Procedural Posture

Company Law Application (liquidation Related) / High Court Judgment on Application for Orders Under Companies Act 2014

Legal Issues

  1. 1 Whether the respondents are liable to repay or restore monies or property to the company under ss. 608 and 610 of the Companies Act 2014
  2. 2 Whether the application is statute barred under the Statute of Limitations Act 1957
  3. 3 Whether the delay in bringing proceedings is inordinate and inexcusable so as to warrant dismissal for want of prosecution

Ratio Decidendi

The application is dismissed because the proceedings were brought outside the six-year statutory limitation period, and the delay in instituting proceedings was both inordinate and inexcusable. The applicant was aware of all relevant facts by March 2010 at the latest, yet did not issue proceedings until December 2017. No adequate explanation for the delay was provided. The balance of justice, considering the age and circumstances of the respondents and the lack of prejudice to creditors, requires that the application be struck out.

Court Disposition

Application struck out for inordinate and inexcusable delay and being statute barred.

Orders

  • Application dismissed
  • Court to hear parties on any additional orders including costs