Re Frederick Inns Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1991
• Date: 01 January 1991
• Court: High Court

(H.C.)

In re Frederick Inns Ltd

Excess payments to Revenue Commissioners - Group of companies in liquidation - Sums owed to Revenue Commissioners - Nature of relationship between holding company and subsidiaries -Whether payments made to Revenue Commissioners exceeding tax liability ultra vires -Gratuitous reduction or alienation of companies' assets - Whether insolvency affected capacity of companies to make payments - Whether breach of duty owed to general creditors - Whether action for money had and received lay.

The first three named companies operated licensed public houses and were wholly owned subsidiaries of the fourth named company, Motels Ltd. which was in turn the holding company for a considerable number of other companies in the Belton Group. A liquidator was appointed to Motels Ltd. on 15 December, 1986, and to the other three named companies on 30 March, 1987. Applications by way of motions for directions were brought by the liquidator of these companies challenging the validity and effect of a series of payments and related transactions which had taken place in the six months immediately preceding...