Keane -v- O'Callaghan [2015] IEHC 669 (03 November 2015)

Keane -v- O'Callaghan [2015] IEHC 669 (03 November 2015)

Section 150 and related provisions are intended to restrict directors of insolvent companies to protect creditors and the public; as the company in question was solvent, fully tax compliant, and no creditors suffered loss, the statutory basis for restriction does not arise and relief is refused.

Citation
[2015] IEHC 669
Parties
Applicant: Tom Keane; Respondent: Thomas Kevin O’Callaghan
Jurisdiction
Ireland
Judgment Date
03 November 2015
Procedural Posture
Application Under Companies Act for Director Restriction / High Court Judgment
Outcome
Application refused
Legal Topics
Director Restriction, Solvency, Liquidation, Director Duties
Company Law Insolvency Law Director Restriction Solvency Liquidation Director Duties

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Parties

Tom Keane

Applicant

Thomas Kevin O’Callaghan

Respondent

Procedural Posture

Application Under Companies Act for Director Restriction / High Court Judgment

Legal Issues

  1. 1 Whether the respondent should be restricted from acting as a company director under section 150 of the Companies Act 1990

Ratio Decidendi

Section 150 and related provisions are intended to restrict directors of insolvent companies to protect creditors and the public; as the company in question was solvent, fully tax compliant, and no creditors suffered loss, the statutory basis for restriction does not arise and relief is refused.

Court Disposition

Application refused

Orders

  • Reliefs sought by the applicant are refused.