Cotter -v- Gilligan & Ors [2014] IEHC 305 (30 May 2014)

Cotter -v- Gilligan & Ors [2014] IEHC 305 (30 May 2014)

The directors did not act other than responsibly in relation to the conduct of M. K. Fuels Limited; no grounds exist for restriction order under s.150 Companies Act 1990. Extension of time for application granted as no purpose served by refusal given substantive application was adjudicated.

Citation
[2014] IEHC 305
Parties
Applicant: Michael Cotter; Respondent: Michael Gilligan; Respondent: Anthony Kelly; Respondent: Stanley Morrisson
Jurisdiction
Ireland
Judgment Date
30 May 2014
Procedural Posture
Restriction Order Application Under Companies Act / Judgment on Application and Extension of Time
Outcome
Restriction order refused; extension of time granted.
Legal Topics
Director Restriction, Liquidation, Directors' Duties, Extension of Time for Application
Company Law Insolvency Law Director Restriction Liquidation Directors' Duties Extension of Time for Application

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Parties

Michael Cotter

Applicant

Michael Gilligan

Respondent

Anthony Kelly

Respondent

Stanley Morrisson

Respondent

Procedural Posture

Restriction Order Application Under Companies Act / Judgment on Application and Extension of Time

Legal Issues

  1. 1 Whether directors acted responsibly in conduct of company affairs under s.150 Companies Act 1990
  2. 2 Whether extension of time for restriction application should be granted under s.56 Company Law Enforcement Act 2001

Ratio Decidendi

The directors did not act other than responsibly in relation to the conduct of M. K. Fuels Limited; no grounds exist for restriction order under s.150 Companies Act 1990. Extension of time for application granted as no purpose served by refusal given substantive application was adjudicated.

Court Disposition

Restriction order refused; extension of time granted.

Orders

  • No restriction order made under s.150 Companies Act 1990 against any respondent.
  • Extension of time for making restriction application granted under s.56 Company Law Enforcement Act 2001.