DAF Truck Services (Cork) Ltd v Companies Act 2014 (Approved) [2025] IEHC 664 (28 November 2025)

DAF Truck Services (Cork) Ltd v Companies Act 2014 (Approved) [2025] IEHC 664 (28 November 2025)

The court found that PF's claim of a quasi-partnership was more than a bare assertion and raised a serious question to be tried as to whether his removal would be oppressive. Damages would not be an adequate remedy due to the loss of participation and information rights at a critical phase. The balance of justice favoured maintaining the status quo by restraining PF's removal as director pending trial, as his continued presence would not irreparably harm the company or majority shareholders.

Citation
[2025] IEHC 664
Parties
Applicant: Patrick Ferriter; Applicant: Stephen Ferriter; Respondent: Gorzow Limited; Respondent: Kolpos Holdings Limited; Respondent: Zamosc Limited; Respondent: DAF Truck Services (Cork) Limited
Jurisdiction
Ireland
Judgment Date
28 November 2025
Procedural Posture
Section 212 Oppression Proceedings Under Companies Act 2014 / Interlocutory Application for Injunction Pending Trial
Outcome
Injunction granted
Legal Topics
Oppression of Minority Shareholders, Removal of Directors, Quasi Partnership, Interlocutory Injunctions
Company Law Commercial Law Oppression of Minority Shareholders Removal of Directors Quasi Partnership Interlocutory Injunctions

Case Brief

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Parties

Patrick Ferriter

Applicant

Stephen Ferriter

Applicant

Gorzow Limited

Respondent

Kolpos Holdings Limited

Respondent

Zamosc Limited

Respondent

DAF Truck Services (Cork) Limited

Respondent

Procedural Posture

Section 212 Oppression Proceedings Under Companies Act 2014 / Interlocutory Application for Injunction Pending Trial

Legal Issues

  1. 1 Whether the court should restrain the majority shareholders and the company from removing a director (PF) pending trial of oppression proceedings under s.212 of the Companies Act 2014
  2. 2 Whether the company is a quasi-partnership giving PF an 'external title' to remain as director
  3. 3 Whether damages would be an adequate remedy for PF if removed as director

Ratio Decidendi

The court found that PF's claim of a quasi-partnership was more than a bare assertion and raised a serious question to be tried as to whether his removal would be oppressive. Damages would not be an adequate remedy due to the loss of participation and information rights at a critical phase. The balance of justice favoured maintaining the status quo by restraining PF's removal as director pending trial, as his continued presence would not irreparably harm the company or majority shareholders.

Court Disposition

Injunction granted

Orders

  • The respondents are restrained from removing or implementing the removal of Patrick Ferriter as director of DAF Truck Services (Cork) Limited pending the trial of the oppression proceedings.