Battle and Another v Irish Art Promotion Centre Ltd

• Jurisdiction: Ireland
• Judgment Date: 21 December 1968
• Date: 21 December 1968
• Docket Number: [1963. No. 595]
• Court: Supreme Court

Battle and Another

and

Irish Art Promotion Centre Ltd

(S.C.)

Whether defendant company may be represented by its managing director at hearing of action.

The applicant who was the managing director and a major shareholder of the defendant company, applied ex parte in the High Court for liberty to conduct the defence of the company on its behalf at the hearing of the plaintiffs' action. The application was refused by Davitt P., and, on appeal by the applicant it was held by the Supreme Court ( Ó Dálaigh C.J., Haugh and Walsh JJ.) that the appeal should be dismissed. Charles P. Kinnell & Co. v. Harding, Wace & Co.ELR [1918] 1 K. B. 405. Frinton & Walton U.D.C. v. Walton & District Sand & Mineral Co. Ltd.UNK[1938] 1 All E. R. 649 and Tritonia Ltd. v. Equity & Law Life Assurance SocietyELR [1943] A. C. 584 considered.