Westport Property Construction Company Ltd., Re [1996] IEHC 14 (13th September, 1996)

The petitioners satisfy the test set out by the Supreme Court in Atlantic Magnetics and elucidated by Keane J. in Butlers Engineering; there is at least a viable possibility that the company will survive if an Examiner is appointed.

Citation: [1996] IEHC 14
Parties: Petitioner: Michael Conway; Respondent: Vincent Coakley; Director: Mary Conway; First Defendant: I.C.C.; Receiver: Michael McEvoy; Respondent: Revenue Commissioners
Jurisdiction: Ireland
Procedural Posture: Petition for Appointment of Examiner / Judgment on Application
Outcome: Examiner appointed
Legal Topics: Appointment of Examiner, Companies (amendment) Act 1990, Corporate Rescue, Creditor Protection

Corporate Insolvency Company Law Appointment of Examiner Companies (amendment) Act 1990 Corporate Rescue Creditor Protection

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Parties

Michael Conway

Petitioner

Vincent Coakley

Respondent

Mary Conway

Director

I.C.C.

First Defendant

Michael McEvoy

Receiver

Revenue Commissioners

Respondent

Procedural Posture

Petition for Appointment of Examiner / Judgment on Application

Legal Issues

1 Whether there is an identifiable possibility that the company will survive as a going concern if an Examiner is appointed
2 Whether the statutory requirements for appointment of an Examiner under Section 2 of the Companies (Amendment) Act 1990 are satisfied

Ratio Decidendi

Court Disposition

Examiner appointed

Orders

Appointment of John McStay as Examiner to Westport Property and Construction Limited
Receiver is ousted for the present