Horgan v. Murray [1997] IEHC 21; [1997] 3 IR 23 (31st January, 1997)
The petition is not an abuse of the process of the Court because the Articles of Association do not provide a complete remedy for involuntary sales arising from oppression, and the Court retains discretion to determine the appropriate level of compensation in such cases.
- Citation
- [1997] IEHC 21
- Parties
- Petitioner: Petitioner; Respondent: Respondents
- Jurisdiction
- Ireland
- Procedural Posture
- Petition for Relief Against Oppression / Application to Strike Out or Stay Proceedings as Abuse of Process
- Outcome
- Application to strike out or stay proceedings refused
- Legal Topics
- Oppression of Minority Shareholders, Valuation of Shares, Abuse of Process, Articles of Association
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Petitioner
Petitioner
Respondents
Respondent
Procedural Posture
Petition for Relief Against Oppression / Application to Strike Out or Stay Proceedings as Abuse of Process
Legal Issues
- 1 Whether continuation of the petition is an abuse of the process of the Court
- 2 Whether the Articles of Association provide a complete remedy for the Petitioner
- 3 Whether the valuation procedure in the Articles applies to involuntary sales arising from oppression
Ratio Decidendi
The petition is not an abuse of the process of the Court because the Articles of Association do not provide a complete remedy for involuntary sales arising from oppression, and the Court retains discretion to determine the appropriate level of compensation in such cases.
Court Disposition
Application to strike out or stay proceedings refused
Orders
- Petition may proceed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment