The recent decision of the Court of Appeal in
Fennell v
Appelbe [2022] IECA 160,
upholding the decision in the High Court, appears at first glance
to endorse a stricter approach to restriction proceedings with
regard to non-executive directors.
On closer analysis however, it is clear that the judgment is
very much fact specific and not inconsistent with the decision of
the Supreme Court in the Re Tralee Beef & Lamb Limited [2008] 3
IR 347 case and the decisions of the High Court in cases such
as:
- Re Vehicle Imports Ltd (In Liquidation) [2000] IEHC 90;
- Re Mitek Holdings Ltd & others [2010] 3 IR
374;
- Kavanagh v Riedler [2004] 3 IR 498;
- Wallace v Edgeworth & ors [2017] IEHC 475 and;
