Fitzpatrick -v- Connaughton & anor [2016] IEHC 533 (09 September 2016)

Fitzpatrick -v- Connaughton & anor [2016] IEHC 533 (09 September 2016)

The second named respondent, by accepting appointment as a director and failing to participate in or supervise the company's affairs, did not act responsibly as required by s. 150 of the Companies Act 1990. The statutory defences were not established, and the court is therefore obliged to make a restriction order.

Citation
[2016] IEHC 533
Parties
Applicant: Michael Fitzpatrick; First Respondent: Gerard Connaughton; Second Respondent: Ann-Marie Connaughton
Jurisdiction
Ireland
Judgment Date
09 September 2016
Procedural Posture
Application for Director Restriction Under Companies Act / Judgment After Hearing of Application
Outcome
Declaration of restriction made against the second named respondent under s. 150(1) of the Companies Act 1990.
Legal Topics
Director Restriction, Corporate Governance, Liquidation, Director Responsibilities, Fraudulent Preference
Company Law Insolvency Law Director Restriction Corporate Governance Liquidation Director Responsibilities Fraudulent Preference

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Parties

Michael Fitzpatrick

Applicant

Gerard Connaughton

First Respondent

Ann-Marie Connaughton

Second Respondent

Procedural Posture

Application for Director Restriction Under Companies Act / Judgment After Hearing of Application

Legal Issues

  1. 1 Whether the second named respondent acted responsibly as a director under s. 150 of the Companies Act 1990
  2. 2 Whether delay in bringing the application should bar the proceedings
  3. 3 Whether personal circumstances justify refusal of restriction order

Ratio Decidendi

The second named respondent, by accepting appointment as a director and failing to participate in or supervise the company's affairs, did not act responsibly as required by s. 150 of the Companies Act 1990. The statutory defences were not established, and the court is therefore obliged to make a restriction order.

Court Disposition

Declaration of restriction made against the second named respondent under s. 150(1) of the Companies Act 1990.

Orders

  • Declaration of restriction against Ann-Marie Connaughton as company director under s. 150(1) of the Companies Act 1990.