Re Dublin and Eastern Regional Tourism Organisation Ltd

• Jurisdiction: Ireland
• Judge: MR JUSTICE DECLAN COSTELLO
• Judgment Date: 01 January 1990
• Neutral Citation: 1990 WJSC-HC 1733
• Date: 01 January 1990
• Docket Number: [1989 Sp. 14767P]
• Court: High Court

1990 WJSC-HC 1733

THE HIGH COURT

No.14767P/1989

DUBLIN & EASTERN REGIONAL TOURISM LTD

IN THE MATTER OF DUBLIN AND EASTERN REGIONAL TOURISM ORGANISATION LIMITED

AND IN THE MATTER OF THE COMPANIES ACTS 1963– 1986

Citations:

RSC O.124

COMPANIES ACT 1963

COMPANIES ACT 1963 S213(g)

Synopsis:

WINDING UP

Articles

Objects - Departure - Promotion of tourism - Articles requiring co-operation with State body - Disagreements on part of board of management - Policy of State body frustrated - Petition presented by State body - Liquidation of company just and equitable - Petition - Contents - Sufficiency - Companies Act, 1963, s. 213 - (1989/14767 P - Costello J. - 21/12/89) - [1990] 1 I.R. 579

|In re Dublin & Eastern Regional Tourism Organisation Ltd.|

WORDS AND PHRASES

"Just and equitable"

Company - Articles - Objects - Promotion of tourism - Company formed by State body - Obligation to co-operate with policies and directions of State body - Disagreements with such policies - Policies frustrated - Petition for winding up presented by State body - Order granted on ground of oppression - (1989/14767 P - Costello J. - 21/12/89) - [1990] 1 I.R. 579

|In re Dublin & Eastern Regional Tourism Organisation Ltd.|

WORDS AND PHRASES

"Oppressive"

Company - Articles - Objects - Promotion of tourism - Company formed by State body - Obligation to co-operate with policies and directions of State body - Disagreements with such policies - Policies frustrated - Petition for winding up presented by State body - Order granted on ground of oppression - (1989/14767 P - Costello J. - 21/12/89) - [1990] 1 I.R. 579

|In re Dublin & Eastern Regional Tourism Organisation Ltd.|

TRANSCRIPT OF JUDGMENT

1 DELIVERED BY THE HONOURABLE MR JUSTICE DECLAN COSTELLO ON 21ST DECEMBER 1989

APPEARANCES

For the Petitioner:

John O Cooke, SC

Fidelma Macken, BL

Instructed by

Patrick F O'Reilly & Co.

For Thomas Elmore:

Paul Callan, SC

Michael Forde, BL

Instructed by

Woods & Co.

2 Objection was taken to this Petition on a number of grounds by the Chairman of the Company.

3 The first ground of objection was based upon the rules. It was suggested that the rules require that there should be service with the Petition of the exhibits referred to in the Petition. I do not think that this is a correct construction of the rules. Even if it were so, the exhibits were in some instances within the knowledge of the Company and the directors and in other instances they could have been made available if required. It therefore seems to me that I could have exercised my powers under Order 124 and allowed the Petition to be heard notwithstanding non-compliance, had this in fact occurred.

4 The second point made was that the Petition was defective because it did not give sufficient evidence. This submission is based upon an error, in my view, of the purpose of the Petition and the grounds on which it has been brought. The Court has not been asked to adjudicate on the merits or demerits of the proposed reorganisation of the tourism industry in Ireland in general and in the City and County of Dublin in particular. The Court is asked to adjudicate on a legal point arising from the construction of the Articles and the 1963 Act and the undisputed facts which have arisen in this case. These are adequately set out in the Petition which in my view is not defective.

5 I now come to the grounds on which the Petition has been brought and the grounds on which it is said that the Court should exercise its jurisdiction to wind up this Company. The opposition submitted on behalf of the Chairman...