Springline Ltd., Re [1997] IEHC 163; [1999] 1 IR 467; [1998] 1 ILRM 301 (28th October, 1997)

Springline Ltd., Re [1997] IEHC 163; [1999] 1 IR 467; [1998] 1 ILRM 301 (28th October, 1997)

The examiner's remuneration, costs, and expenses, though prioritized over claims and debts provable in the winding up, do not have priority over the liquidator's costs, remuneration, and expenses, as the latter are not 'claims' or 'debts' against the company but arise after the winding up order and are prioritized separately by the court.

Citation
[1998] 1 ILRM 301
Parties
Examiner/applicant: Mr Rory O'Ferrall; Company/in Liquidation: Springline Limited; Respondent: Official Liquidator
Jurisdiction
Ireland
Procedural Posture
Application in Company Liquidation / Determination of Priority of Examiner's Costs in Winding Up
Outcome
Examiner not entitled to priority over liquidator for remuneration, costs, and expenses.
Legal Topics
Priority of Claims in Liquidation, Examiner's Remuneration, Liquidator's Costs, Interpretation of Companies (amendment) Act 1990
Insolvency Law Company Law Priority of Claims in Liquidation Examiner's Remuneration Liquidator's Costs Interpretation of Companies (amendment) Act 1990

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Parties

Mr Rory O'Ferrall

Examiner/applicant

Springline Limited

Company/in Liquidation

Official Liquidator

Respondent

Procedural Posture

Application in Company Liquidation / Determination of Priority of Examiner's Costs in Winding Up

Legal Issues

  1. 1 Whether the examiner's remuneration, costs, and expenses have priority over those of the liquidator in a winding up under the Companies (Amendment) Act 1990, section 29(3)

Ratio Decidendi

The examiner's remuneration, costs, and expenses, though prioritized over claims and debts provable in the winding up, do not have priority over the liquidator's costs, remuneration, and expenses, as the latter are not 'claims' or 'debts' against the company but arise after the winding up order and are prioritized separately by the court.

Court Disposition

Examiner not entitled to priority over liquidator for remuneration, costs, and expenses.