The High Court has entered proceedings brought by Clariant AG and Clariant Plastics & Coatings (Ireland) Limited in the Commercial List, but has not yet decided their application concerning property title.
In a written ruling delivered on 20 April 2020, Mr Justice David Barniville dealt with the companies’ unopposed application to enter the proceedings in the list. Because of pandemic restrictions, he considered the application on the papers. He also treated it as the initial directions hearing.
The companies began the proceedings by special summons on 4 March 2020. They seek orders under sections 25 and/or 26 of the Trustee Act 1893 concerning a property forming part of the premises from which the second applicant operates its plastics and coatings manufacturing business in Naas, County Kildare. The ruling does not determine that substantive application.
The applicants’ case was that the property had been inadvertently left out of a transfer from a former owner, another Clariant company, to the first applicant before the former owner was wound up. The judge said the title issue came to light during a business reorganisation. The first applicant was preparing a share sale of the second applicant in 2020, and the judge accepted that a prospective purchaser would raise title questions during due diligence. He considered it important to perfect title so that marketable title could be transferred.
The Office of Public Works wrote to the applicants’ solicitors on 24 March, confirming that the Minister for Finance would not appear or participate. The Minister did not object to the relief sought in the special summons on the basis that the applicants would not seek costs from the Minister. There was no opposition to the Commercial List entry application.
The judge found the proceedings were commercial proceedings under Order 63A rule 1(b) and suitable for entry in the Commercial List. He made no order for costs on that entry application and gave liberty to apply by correspondence.
For the substantive application, the judge said a remote hearing could not be guaranteed. He indicated that a physical hearing could be accommodated if attendance were limited and social distancing requirements met. Subject to the applicants’ solicitors confirming they could meet those conditions, he said he would list the application for 11am on 28 April 2020, for no more than 30 minutes. He directed that the papers be provided by 4pm on 24 April and written submissions, with relevant authorities, emailed by 2pm on 27 April.