Aidan Garcia Diaz and Cormac Lohan

• Filed Date: 23 September 2020
• Reception Date: 23 September 2020
• Decision Date: 31 May 2022
• Case Number: 2019 No.177 COS

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THE HIGH COURT

THE MATTER OF AN ADJUDICATION OF COSTS

IN THE MATTER OF THE LEGAL SERVICES REGULATION ACT, 2015

IN THE MATTER OF S.160 OF THE LEGAL SERVICES ACT, 2015

IN THE MATTER OF LOHAN CONSULTING LIMITED (IN LIQUIDATION)

AND IN THE MATTER OF SECTIONS 671 OF THE COMPANIES ACT 2014

Adjudication Reference 2020:000689

THE HIGH COURT

Record Number 2019 177 COS

BETWEEN

AIDAN GARCIA DIAZ

APPLICANT

AND

CORMAC LOHAN

RESPONDENT

Report and Determination of Legal Costs pursuant to s.160

of the Legal Services Regulation Act, 2015.

Dated the 31st Day of May 2022.

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1. By Order of the High Court dated 15th July 2019 the Applicant obtained an Order from

the Court (O’ Regan J.) It was ordered that the Respondent do pay to the Applicant

the costs of the Motion and Order, said costs to be taxed in default of agreement.

2. I have issued a Report and a Determination, in a related Adjudication, bearing

Adjudication Reference 2020:000688. Although those proceedings arose out of a

separate Order of the High Court being made on 29 of April 2019, which sought reliefs

pursuant to s. 594 and 594 of the Companies Act, 2014. These costs arose in

connection with an application pursuant to s.671 of the Companies Act, 2014 which

provides,

Power of court to

summon persons

for examination

671. (1) The court may exercise the following power:

(a) of its own motion; or

(b) on the application of the Director or the Liquidator or provisional

Liquidator;

at any time after the appointment of a provisional Liquidator, the making of a

winding-up order or the passing of a resolution to wind up a company

voluntarily.

(2) That power of the court is to summon before it—

(a) any officer of the company,

(b) any person known or suspected to have in his or her possession any

property of the company or supposed to be indebted to the company, or

(c) any person whom the court deems capable of giving information relating

to the—

(i) promotion or formation,

(ii) trade or dealings, or

(iii) affairs or property,

of the company.

(3) The court may examine on oath any person so summoned concerning the

matters referred to in subsection (2)(c)(i) to (iii), either by word of mouth or

on written interrogatories, and may reduce his or her answers to writing and

require him or her to sign them.

(4) The court may require any person referred to in subsection (2) to produce any

accounting records, deed, instrument, or other document or paper relating to

the company that are in his or her custody or power.