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ARTICLE · 04 MAY 2021

Liquidator's Actions Amounted To Negligence

William Fry LLP
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In a recent High Court decision, it was ruled that the liquidator not only failed in his application before the court, but in bringing forward an application that was 'doomed to fail'...

IrelandCorporate/Commercial Law
Fergus Doorly
Fergus Doorly
Craig Sowman
Craig Sowman
Ruairi Rynn
Ruairi Rynn
Alice O'Connor
Alice O'Connor
Charley Moore
Charley Moore
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Background

In a recent High Court decision, it was ruled that the liquidator not only failed in his application before  the court, but in bringing forward an application that was 'doomed to fail', the liquidator was acting negligently and breached his duty of care to the company as liquidator. As a result, the liquidator was held personally liable for the costs of the application.

The case involved the liquidator of Elvertex Limited (Company), which operated a restaurant in Galway City under a lease. The company went into arrears on its rent payments. It ceased trading in January 2019, and the landlords re-entered the restaurant premises thereby terminating the lease.  Shortly after the restaurant closed, the landlords were approached by the restaurant's former manager who sought to lease the restaurant premises. A new lease entered into between the landlords and the former manager, who then operated the restaurant as a sole trader. To facilitate the new lease

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