Murphy v. Murphy & Ors [2003] IEHC 91 (11 December 2003)

Murphy v. Murphy & Ors [2003] IEHC 91 (11 December 2003)

Section 150(4B) of the Companies Act, 1990 does not restrict the court's discretion to award costs to a successful respondent; the liquidator is personally obliged to bring the application and must bear the costs when unsuccessful.

Citation
[2003] IEHC 91
Parties
Applicant: Stephen Murphy; Respondent: Tom Murphy; Respondent: Brian McGarvey; Respondent: Sean Farrell; Respondent: Bernard Hackett
Jurisdiction
Ireland
Judgment Date
11 December 2003
Procedural Posture
Application Under Companies Act for Restriction Order / Post Hearing Costs Determination
Outcome
Application for costs granted in favour of fourth named respondent.
Legal Topics
Liquidator's Obligations, Restriction of Directors, Costs in Company Law Proceedings
Company Law Insolvency Law Liquidator's Obligations Restriction of Directors Costs in Company Law Proceedings

Case Brief

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Parties

Stephen Murphy

Applicant

Tom Murphy

Respondent

Brian McGarvey

Respondent

Sean Farrell

Respondent

Bernard Hackett

Respondent

Procedural Posture

Application Under Companies Act for Restriction Order / Post Hearing Costs Determination

Legal Issues

  1. 1 Whether the court retains discretion to award costs to a successful respondent under s.150 of the Companies Act, 1990
  2. 2 Whether the costs order should be made against the liquidator personally or the company in liquidation

Ratio Decidendi

Section 150(4B) of the Companies Act, 1990 does not restrict the court's discretion to award costs to a successful respondent; the liquidator is personally obliged to bring the application and must bear the costs when unsuccessful.

Court Disposition

Application for costs granted in favour of fourth named respondent.

Orders

  • Order for costs of the application under s.150 (including hearing on costs issue) against the applicant (liquidator).