O'Ferral v. Coughlan & Anor [2004] IEHC 412 (21 December 2004)

The respondents failed to satisfy the court that they acted responsibly in relation to the conduct of the affairs of the Company, as they did not take real steps to inform themselves about or manage the Company's financial and property affairs as a distinct corporate entity.

Citation: [2004] IEHC 412
Parties: Applicant: Rory O'Ferral; Respondent: Patrick Coughlan; Respondent: Stephen Lake
Jurisdiction: Ireland
Judgment Date: 21 December 2004
Procedural Posture: Application Under Section 150 of the Companies Act, 1990 / Judgment on Application
Outcome: declarations of restriction made against both respondents
Legal Topics: Director's Duties, Restriction of Directors, Liquidation, Corporate Governance

Company Law Insolvency Director's Duties Restriction of Directors Liquidation Corporate Governance

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Parties

Rory O'Ferral

Applicant

Patrick Coughlan

Respondent

Stephen Lake

Respondent

Procedural Posture

Application Under Section 150 of the Companies Act, 1990 / Judgment on Application

Legal Issues

1 Whether the respondents acted responsibly as directors of 360networks (Ireland) Limited within the meaning of section 150 of the Companies Act, 1990

Ratio Decidendi

Court Disposition

declarations of restriction made against both respondents

Orders

Declarations of restriction pursuant to section 150 of the Companies Act, 1990, against Patrick Coughlan and Stephen Lake