The Governor and Company of The Bank of Ireland v Eteams (International) Ltd. (In Voluntary Liquidation) [2019] IECA 186 (04 July 2019)

The Governor and Company of The Bank of Ireland v Eteams (International) Ltd. (In Voluntary Liquidation) [2019] IECA 186 (04 July 2019)

Because the application for directions could only properly be brought by the liquidator, and not the company, the liquidator was the true party to the proceedings and is personally liable for the costs of the unsuccessful appeal.

Citation
[2019] IECA 186
Parties
Applicant/respondent: The Governor and Company of The Bank of Ireland; Respondent/appellant: Eteams (International) Limited (In Voluntary Liquidation); Liquidator: Anthony Fitzpatrick
Jurisdiction
Ireland
Judgment Date
04 July 2019
Procedural Posture
Appeal / Costs Ruling Following Dismissal of Appeal
Outcome
Costs of the appeal awarded against the liquidator personally.
Legal Topics
Liquidator Liability, Costs Orders, Standing in Liquidation Proceedings
Company Law Insolvency Law Civil Procedure Liquidator Liability Costs Orders Standing in Liquidation Proceedings

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Parties

The Governor and Company of The Bank of Ireland

Applicant/respondent

Eteams (International) Limited (In Voluntary Liquidation)

Respondent/appellant

Anthony Fitzpatrick

Liquidator

Procedural Posture

Appeal / Costs Ruling Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs of the appeal should be awarded against the liquidator personally when proceedings were improperly constituted in the company's name rather than the liquidator's name
  2. 2 Whether the liquidator is entitled to immunity from personal costs liability due to the misnaming of the applicant

Ratio Decidendi

Because the application for directions could only properly be brought by the liquidator, and not the company, the liquidator was the true party to the proceedings and is personally liable for the costs of the unsuccessful appeal.

Court Disposition

Costs of the appeal awarded against the liquidator personally.

Orders

  • Costs of the appeal to be paid by Mr Fitzpatrick personally.