Deauville Communications Worldwide Ltd., Re [2002] IESC 19 (15 March 2002)

Deauville Communications Worldwide Ltd., Re [2002] IESC 19 (15 March 2002)

Section 12B(9) of the Companies (Amendment) Act 1982 as amended is ambiguous but, when read in statutory context, does not preclude a creditor from applying to the High Court for restoration of a company to the register. The term 'creditor' includes contingent or prospective creditors, and Orlaford's claim was bona fide and supported by sufficient evidence. The High Court had jurisdiction and was correct to order restoration.

Citation
[2002] IESC 19
Parties
Applicant: Orlaford Limited; Respondent: Christopher Wetherhill; Respondent: Margaret Every; Respondent: Joseph Kelly; Notice Party: Registrar of Companies; Notice Party: Revenue Commissioners
Jurisdiction
Ireland
Judgment Date
15 March 2002
Procedural Posture
Appeal / Judgment of Supreme Court
Outcome
appeal dismissed
Legal Topics
Restoration to Register, Jurisdiction, Definition of Creditor, Statutory Interpretation
Company Law Restoration to Register Jurisdiction Definition of Creditor Statutory Interpretation

Case Brief

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Parties

Orlaford Limited

Applicant

Christopher Wetherhill

Respondent

Margaret Every

Respondent

Joseph Kelly

Respondent

Registrar of Companies

Notice Party

Revenue Commissioners

Notice Party

Procedural Posture

Appeal / Judgment of Supreme Court

Legal Issues

  1. 1 Whether a creditor may apply to the High Court or only the Circuit Court for restoration of a company to the register under s.12B(3) of the Companies (Amendment) Act 1982 as amended
  2. 2 Whether Orlaford Limited qualifies as a 'creditor' for the purposes of the application
  3. 3 Whether Orlaford's claim is bona fide and supported by sufficient evidence

Ratio Decidendi

Section 12B(9) of the Companies (Amendment) Act 1982 as amended is ambiguous but, when read in statutory context, does not preclude a creditor from applying to the High Court for restoration of a company to the register. The term 'creditor' includes contingent or prospective creditors, and Orlaford's claim was bona fide and supported by sufficient evidence. The High Court had jurisdiction and was correct to order restoration.

Court Disposition

appeal dismissed

Orders

  • Deauville to be restored to the register of companies
  • Respondents to deliver all outstanding annual returns to the registrar within six months