Courts / Dublin / Report
High Court dismisses application to restrict company directors
Summary
In a 2016 High Court decision, Mr Justice Paul Gilligan dismissed Mr Stephen Tennant's application to impose five‑year restriction orders on Andiamo Properties directors Seamus Ross and Michael Keogh. Tennant, acting as liquidator, alleged the directors had acted irresponsibly over a €2.9 million VAT claim. The judge found no circumstances justifying the orders, noting the directors had acted responsibly and honestly. Ross and Keogh had served as directors from 2001 until liquidation in 2013, and the company had not traded for four years before its liquidation. The VAT liability stemmed from land deals treated as exempt; the assessment was upheld in 2010 and the company's appeal was dismissed in 2012. Tennant claimed dividends paid in 2007 and 2009 had stripped the company of assets needed to satisfy Revenue. The directors maintained they had relied on professional advice and believed the VAT dispute would be resolved in their favour.
Who, what, where, when and why
What: Report matter: High Court dismisses application to restrict company directors. Procedural stage: hearing_or_decision
When:
- January 2001 Other
- October 2012 Other
- March 2005 Hearing Or Sentence
- 2016-01-15 Publication
Why: The liquidator said money should have been kept aside by the company in order to pay the sum claimed by Revenue. CNI source report
Places mentioned
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