USIT Ireland Ltd. & Ors, Re. [2003] IEHC 98 (30 July 2003)

USIT Ireland Ltd. & Ors, Re. [2003] IEHC 98 (30 July 2003)

The obligation imposed on the liquidator by s.56(2) of the Company Law Enforcement Act, 2001 is not limited to persons who are directors at the time the obligation arises or at the date of winding-up, but extends to all persons who were directors at the date of or within 12 months prior to the commencement of winding-up, unless the liquidator is relieved by the Director.

Citation
[2003] IEHC 98
Parties
Applicant: USIT Ireland Ltd.; Applicant: USIT World.com Ltd.; Applicant: USIT World Plc (in liquidation); Respondent: Gerard Connelly
Jurisdiction
Ireland
Judgment Date
30 July 2003
Procedural Posture
Company Law Application / Preliminary Issue on Liquidator's Obligation Under S.56(2) of the Company Law Enforcement Act, 2001
Outcome
Preliminary issue determined in favour of the official liquidator's interpretation.
Legal Topics
Liquidator's Obligations, Director Restriction, Statutory Interpretation
Company Law Insolvency Law Liquidator's Obligations Director Restriction Statutory Interpretation

Case Brief

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Parties

USIT Ireland Ltd.

Applicant

USIT World.com Ltd.

Applicant

USIT World Plc (in liquidation)

Applicant

Gerard Connelly

Respondent

Procedural Posture

Company Law Application / Preliminary Issue on Liquidator's Obligation Under S.56(2) of the Company Law Enforcement Act, 2001

Legal Issues

  1. 1 Whether the official liquidator is obliged under s.56(2) of the Company Law Enforcement Act, 2001 to bring an application under s.150 of the Companies Act, 1990 in respect of persons who were directors within 12 months prior to winding-up.

Ratio Decidendi

The obligation imposed on the liquidator by s.56(2) of the Company Law Enforcement Act, 2001 is not limited to persons who are directors at the time the obligation arises or at the date of winding-up, but extends to all persons who were directors at the date of or within 12 months prior to the commencement of winding-up, unless the liquidator is relieved by the Director.

Court Disposition

Preliminary issue determined in favour of the official liquidator's interpretation.

Orders

  • Official liquidator is obliged to bring an application under s.150 in respect of Mr. Connelly.