McAteer v Mullan & Anor [2006] NICh 3 (19 January 2006)

McAteer v Mullan & Anor [2006] NICh 3 (19 January 2006)

McAteer is not a shareholder of JJ Mullan Ltd by transfer or allotment, as the transfer was not registered, directors had discretion to refuse registration, the power to allot shares had expired, and the Insolvency Order does not confer shareholder status absent registration or valid transfer.

Citation
[2006] NICh 3
Parties
Plaintiff: Daniel McAteer; Defendant: John Joseph Mullan; Defendant: Maria Mullan
Jurisdiction
Northern Ireland
Judgment Date
19 January 2006
Procedural Posture
Chancery Preliminary Ruling / Preliminary Point Determination
Outcome
Plaintiff is not a shareholder of JJ Mullan Ltd by transfer or allotment.
Legal Topics
Shareholder Status, Transfer and Allotment of Shares, Company Winding Up, Articles of Association Interpretation
Company Law Insolvency Law Shareholder Status Transfer and Allotment of Shares Company Winding Up Articles of Association Interpretation

Case Brief

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Parties

Daniel McAteer

Plaintiff

John Joseph Mullan

Defendant

Maria Mullan

Defendant

Procedural Posture

Chancery Preliminary Ruling / Preliminary Point Determination

Legal Issues

  1. 1 Whether Daniel McAteer is a shareholder of JJ Mullan Ltd by transfer or allotment of shares
  2. 2 Effect of unregistered share transfer
  3. 3 Directors' powers under Articles of Association

Ratio Decidendi

McAteer is not a shareholder of JJ Mullan Ltd by transfer or allotment, as the transfer was not registered, directors had discretion to refuse registration, the power to allot shares had expired, and the Insolvency Order does not confer shareholder status absent registration or valid transfer.

Court Disposition

Plaintiff is not a shareholder of JJ Mullan Ltd by transfer or allotment.

Orders

  • Ruling on preliminary point: McAteer is not a shareholder.
  • No order for registration or recognition as shareholder.