H Williams (Tallaght) Ltd., Re [1996] IEHC 16; [1996] 3 IR 531 (7th October, 1996)

The Revenue Commissioners' claim for preferential status in the liquidation is statute barred because it was neither notified to nor known by the Liquidator within the statutory six-month period after advertisement, as required by Section 285(14) of the Companies Act, 1963.

Citation: [1996] IEHC 16
Parties: Company in Liquidation: H. Williams (Tallaght) Limited; Creditor/respondent: Revenue Commissioners; Applicant: Official Liquidator
Jurisdiction: Ireland
Procedural Posture: Application for Directions in Liquidation / High Court Judgment on Application for Directions
Outcome: Revenue Commissioners' claim for preferential payment in liquidation dismissed as statute barred.
Legal Topics: Preferential Creditors, Receivership, Liquidation, Statutory Time Limits, Corporation Tax

Insolvency Law Company Law Preferential Creditors Receivership Liquidation Statutory Time Limits Corporation Tax

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Parties

H. Williams (Tallaght) Limited

Company in Liquidation

Revenue Commissioners

Creditor/respondent

Official Liquidator

Applicant

Procedural Posture

Application for Directions in Liquidation / High Court Judgment on Application for Directions

Legal Issues

1 Whether Revenue Commissioners can claim preferential status in liquidation after being paid as preferential creditors in receivership
2 Whether the Revenue Commissioners' claim is statute barred under Section 285(14) of the Companies Act, 1963

Ratio Decidendi

Court Disposition

Revenue Commissioners' claim for preferential payment in liquidation dismissed as statute barred.

Orders

Priority claim of the Revenue Commissioners is out of time and must fail.