New Ad Advertising Ltd., Re [2006] IEHC 19 (14 November 2005)

New Ad Advertising Ltd., Re [2006] IEHC 19 (14 November 2005)

Petitioner has locus standi as both member and creditor; it would be unjust to prevent him from pursuing remedies in s. 205 proceedings; restoration is granted as a creditor application, conditional on delivery of outstanding returns within three months.

Citation
[2006] IEHC 19
Parties
Petitioner: Vincent Kelly; Company: New Ad Advertising Company Limited; Notice Party: George McNulty; Notice Party: Alex Wilson; Statutory Notice Party: Registrar of Companies; Statutory Notice Party: Minister for Finance; Statutory Notice Party: Revenue Commissioners
Jurisdiction
Ireland
Judgment Date
14 November 2005
Procedural Posture
Company Restoration Application / Final Judgment
Outcome
Company restored to Register, conditional order
Legal Topics
Restoration of Company, Locus Standi, Annual Returns, Creditor Rights, Statutory Compliance
Company Law Restoration of Company Locus Standi Annual Returns Creditor Rights Statutory Compliance

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Parties

Vincent Kelly

Petitioner

New Ad Advertising Company Limited

Company

George McNulty

Notice Party

Alex Wilson

Notice Party

Registrar of Companies

Statutory Notice Party

Minister for Finance

Statutory Notice Party

Revenue Commissioners

Statutory Notice Party

Procedural Posture

Company Restoration Application / Final Judgment

Legal Issues

  1. 1 Whether the petitioner has locus standi as a creditor and member to seek restoration of the company
  2. 2 Whether it is just to restore the company to the Register
  3. 3 Whether restoration should be conditional on delivery of outstanding returns

Ratio Decidendi

Petitioner has locus standi as both member and creditor; it would be unjust to prevent him from pursuing remedies in s. 205 proceedings; restoration is granted as a creditor application, conditional on delivery of outstanding returns within three months.

Court Disposition

Company restored to Register, conditional order

Orders

  • Order restoring New Ad Advertising Company Limited to the Register of Companies
  • Order directing Mr. McNulty to deliver outstanding annual returns to Registrar of Companies within three months