Courts / Dublin / Report

Court of Appeal upholds decision that English Language school should not be wound up

Summary

The Court of Appeal has upheld a High Court ruling that SEDA (Skills & Enterprise Development Academy) Limited, which operated an English language school in Dublin, should not be wound up. The case involved an appeal by Rezaul Karim and Mahbuba Sultana against a 2019 decision by Mr Justice John Jordan. The High Court had found that shareholder and director Tiago Mascarenhas was entitled to relief under Section 212 of the Companies Act 2014, citing oppressive conduct by the appellants. The Court of Appeal, comprising Ms Justice Caroline Costello, Mr Justice Robert Haughton, and Mr Justice Maurice Collins, dismissed the appeals on most grounds but allowed Ms Sultana's appeal regarding the finding that Mr Karim was the beneficial owner of her shares. The court affirmed that Mr Mascarenhas should be permitted to acquire Ms Sultana's shares rather than the reverse, noting his local presence and experience. Regarding costs, the court initially proposed a 10% reduction against the applicant due to his lack of candor regarding his immigration status. However, the Court of Appeal ultimately decided not to make any deduction from the applicant's costs, citing the appellants' refusal to engage in mediation and their conduct of the litigation. The matter was concluded with the High Court's substantive decision upheld, subject to the correction on beneficial ownership.

Who, what, where, when and why

What: Report matter: Court of Appeal upholds decision that English Language school should not be wound up. Procedural stage: appeal

When:

• 2022-03-02 Publication

Why: While Mr Mascarenhas was not without fault in the breakdown in relations between the parties, the High Court held that this was largely because of the conduct of the appellants, the judge said. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report