Kavanagh v. Cooke & Anor [2005] IEHC 219 (29 June 2005)

The respondent failed to act responsibly in the conduct of the affairs of Cherby Limited, was responsible for the insolvency and asset deficiency, and did not comply with statutory obligations, justifying restriction under s.150 Companies Act, 1990.

Citation: [2005] IEHC 219
Parties: Applicant: Tom Kavanagh; Respondent: John Cooke; Respondent: Paul Cooke
Jurisdiction: Ireland
Judgment Date: 29 June 2005
Procedural Posture: Application Under S.150 Companies Act, 1990 and S.56 Company Law Enforcement Act, 2001 / Final Judgment
Outcome: Declaration granted; respondent subject to restriction under s.150 Companies Act, 1990.
Legal Topics: Director Responsibility, Liquidation, Statutory Accounts, Fiduciary Duty, Restriction Order

Company Law Insolvency Law Director Responsibility Liquidation Statutory Accounts Fiduciary Duty Restriction Order

Case Brief

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Parties

Tom Kavanagh

Applicant

John Cooke

Respondent

Paul Cooke

Respondent

Procedural Posture

Application Under S.150 Companies Act, 1990 and S.56 Company Law Enforcement Act, 2001 / Final Judgment

Legal Issues

1 Whether the respondent acted responsibly in the conduct of the affairs of Cherby Limited
2 Whether the respondent should be subject to restriction under s.150 Companies Act, 1990

Ratio Decidendi

Court Disposition

Declaration granted; respondent subject to restriction under s.150 Companies Act, 1990.

Orders

Declaration as sought on notice of motion granted; respondent to be restricted as director under s.150 Companies Act, 1990.