O'Neill v Ryan

JurisdictionIreland
Judgment Date01 January 1993
Date01 January 1993
CourtSupreme Court
(S.C.)
(H.C.)
O'Neill
and
Ryan (No. 1)

- Rule in Foss v. Harbottle - European Community - Alleged breach of competition rules - Former shareholder allegedly suffering damage by reason of reduction in share value - Whether rule in Foss v. Harbottle applicable - Whether shareholder able to bring a personal claim against a party causing damage to a company - Whether EC law provides shareholder with cause of action -EEC Treaty, Arts. 85, 86. Practice - Action -Application to strike out - Whether reasonable cause of action disclosed - Whether claim clearly unsustainable - Rules of the Superior Courts, 1986, O. 19, r. 28.

The plaintiff claimed damages and other relief for breach of contract and wrongful dismissal against the first and second named defendants. The plaintiff also made claims against the last...

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47 cases
  • Crindle Investments v Wymes
    • Ireland
    • Supreme Court
    • 5 March 1998
    ... ... COMPANIES ACT 1963 S205(3) FOSS V HARBOTTLE 1843 2 HARE 46 WARD V MCMASTER 1988 IR 337 1989 ILRM 400 QUINN, STATE V RYAN 1965 IR 70 MESKELL V CIE 1973 IR 121 HANAFIN V MIN FOR ENVIRONMENT 1996 2 ILRM 161 PH V JOHN MURPHY & SONS LTD 1987 IR ... ...
  • P. O'D v A. O'D
    • Ireland
    • Supreme Court
    • 1 January 1998
    ...Consist Rep. 310. N. (C) v. N (R) [1995] 1 Fam. L.J. 14. Olympia Productions Ltd. v. Mackintosh [1992] I.L.R.M. 204. O'Neill v. Ryan [1993] I.L.R.M. 557. Sullivan v. Sullivan 2 Addams 299. Wilson v. Wilson (1848) 1 H.L.C. 538. Family law - Judicial separation - Ancillary relief - Nature of ......
  • O'Neill v Ryan (No. 3)
    • Ireland
    • Supreme Court
    • 1 January 1992
  • Ennis v Butterly
    • Ireland
    • High Court
    • 1 January 1997
    ... 1981 IR 306 GOODSON V GRIERSON 1908 1 KB 761 SUN FAT CHAN V OSSEOUS LTD 1992 1 IR 425 K (D) V K (A) 1993 ILRM 710 O'NEILL V RYAN 1993 ILRM 557 WILSON V CARNLEY 1908 1 KB 729 SPEARS V HUNT 1908 1 KB 720 SIVEYER V ALLISON 1935 2 KB 403 MARVIN V MARVIN 1976 18 CAL 3d 660 MORONE V MORONE......
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1 books & journal articles
  • The position of the 'quasi-partnership' type private company in irish law
    • Ireland
    • Irish Judicial Studies Journal No. 1-4, January 2004
    • 1 January 2004
    ...legitimate expectations without the need of recourse to contract. This matter is considered below. 34 (1843) 2 Hare 461 (Ch.D.). 35[1993] I.L.R.M. 557 122 [4:1 majority decision. Therefore, proceedings could not be instituted save with the leave of the majority shareholders of the company. ......

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