Heaphy v. Heaphy [2004] IEHC 5 (15 January 2004)

Heaphy v. Heaphy [2004] IEHC 5 (15 January 2004)

The plaintiff, as a shareholder, has no personal claim in respect of loss suffered by the company; the law does not provide a remedy to the plaintiff in his personal capacity for alleged fraud or loss relating to company assets.

Citation
[2004] IEHC 5
Parties
Plaintiff: Tony Heaphy; Defendant: John Heaphy
Jurisdiction
Ireland
Judgment Date
15 January 2004
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
Claim struck out in part
Legal Topics
Shareholder Rights, Rule in Foss V. Harbottle, Fraud, Breach of Fiduciary Duty, Breach of Contract, Misrepresentation
Company Law Civil Procedure Shareholder Rights Rule in Foss V. Harbottle Fraud Breach of Fiduciary Duty Breach of Contract Misrepresentation

Case Brief

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Parties

Tony Heaphy

Plaintiff

John Heaphy

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether a shareholder can bring a personal claim for loss suffered by the company
  2. 2 Whether the plaintiff's claim discloses a cause of action
  3. 3 Application of the rule in Foss v. Harbottle

Ratio Decidendi

The plaintiff, as a shareholder, has no personal claim in respect of loss suffered by the company; the law does not provide a remedy to the plaintiff in his personal capacity for alleged fraud or loss relating to company assets.

Court Disposition

Claim struck out in part

Orders

  • Order striking out so much of the plaintiff's Statement of Claim as asserts rights on behalf of Springmound (Holdings) Limited