McAteer & anor -v- McBrien & ors [2016] IEHC 229 (11 March 2016)

McAteer & anor -v- McBrien & ors [2016] IEHC 229 (11 March 2016)

The respondents failed to satisfy the Court that they acted responsibly and honestly in the conduct of the company's affairs, particularly regarding the management of company debts, compliance with Revenue obligations, safeguarding of assets, and cooperation with the liquidators. The statutory burden was not discharged and restriction orders are warranted.

Citation
[2016] IEHC 229
Parties
Applicant: Michael McAteer; Applicant: Stephen Tennant; Respondent: Seamus McBrien; Respondent: Ann McBrien; Respondent: Michelle Cunningham
Jurisdiction
Ireland
Judgment Date
11 March 2016
Procedural Posture
Company Law Application / Judgment After Hearing of Application for Director Restriction Orders
Outcome
restriction orders granted
Legal Topics
Director Restriction, Liquidation, Director Duties, Company Insolvency, Statements of Affairs
Company Law Insolvency Director Restriction Liquidation Director Duties Company Insolvency Statements of Affairs

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Parties

Michael McAteer

Applicant

Stephen Tennant

Applicant

Seamus McBrien

Respondent

Ann McBrien

Respondent

Michelle Cunningham

Respondent

Procedural Posture

Company Law Application / Judgment After Hearing of Application for Director Restriction Orders

Legal Issues

  1. 1 Whether the respondents acted honestly and responsibly in the conduct of the affairs of the company under s.150 of the Companies Act 1990
  2. 2 Whether restriction orders should be made against the respondents as directors

Ratio Decidendi

The respondents failed to satisfy the Court that they acted responsibly and honestly in the conduct of the company's affairs, particularly regarding the management of company debts, compliance with Revenue obligations, safeguarding of assets, and cooperation with the liquidators. The statutory burden was not discharged and restriction orders are warranted.

Court Disposition

restriction orders granted

Orders

  • Declarations made that the respondents shall not act as directors or secretaries or be concerned in the promotion or formation of any company unless that company meets the requirements of s.150(3) of the Companies Act 1990 (now s.819(3) Companies Act 2014).