Re Pageboy Couriers Ltd

JurisdictionIreland
JudgeO'Hanlon, J.,
Judgment Date27 April 1983
Neutral Citation1983 WJSC-HC 3400
Docket NumberNo. 1565P/1983
CourtHigh Court
Date27 April 1983
In Re PAGEBOY COURIERS LTD.
IN THE MATTER OF PAGEROY COURIERS LIMITED

AND

IN THE MATTER OF THE COMPANIES ACTS 1963– 1982

1983 WJSC-HC 3400

No. 1565P/1983

THE HIGH COURT

Words & Phrases: Creditor

Subject Headings:

WINDING UP: petition

1

JUDGMENT delivered by O'Hanlon, J., the 27th April 1983

2

Stephen Rabbette, as petitioning creditor, seeks an order in these proceedings for the compulsory winding-up of Pageboy Couriers Limited. He claims that the company is indebted to him in the sum of £5,000 for director's fees which it has failed to pay after demand duly made, and that it is unable to pay its debts.

3

The application is hotly contested by the Company, which disputes the entitlement of the Petitioner to the amount claimed by him or to any amount in respect of director's fees, and further denies the allegation that it is unable to pay its debts.

4

Proceedings were commenced by Mr. Rabbette by Summary Summons in the month of June, 1982, claiming payment of the amount he alleged was due to him by the Company, and an Appearance was entered to the proceedings at the beginning of July, 1982. A letter seeking particulars of the claim was sent on the 20th July, 1982, in which the Plaintiff was asked to state when and by whom it was agreed that he should receive director's fees at the rate of £2,500 per annum. A reply was not received to that request for particulars until the present month, when, by letter dated the 8th April, 1983, the Petitioner' solicitors stated that their client's claim arose on foot of an oral agreement "made between our client and the managing director of Contactaphone Ltd., Donough O'Connor, in or about June 1980. This was later confirmed by the said Mr. O'Connor, our client, and Mr. Timothy Childs in or about January, 1981." (The company, Contactaphone Ltd., to which reference was made is a company holding a controlling interest in Pageboy Couriers Ltd.).

5

The Company say that no agreement to pay such fees, or any director's fees to the Petitioner was made at any general meeting of the Company or by any person having authority to bind the Company in this respect. It further contends that on the Petitioner's own statement of the terms of agreement he was only to receive such fees if and when the Company was making substantial profits, and that this situation has not arisen.

6

The Petitioner allowed the civil proceedings instituted by him in June 1982 to lie dormant after receiving the said notice for particulars of his claim and has not prosecuted them at any time since. Instead, he has brought the present Petition to wind up the Company in reliance upon the same claim which has at all times been disputed by the Company on the grounds already mentioned.

7

Mr. Cooke, for the Company, argued that...

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