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IEHC 529 ECLI:IE:HC:2013:529 Generato dall'IA

Relief against forfeiture granted to plaintiff club after defendants paid outstanding sums and appointed new directors.

Numero d'incarto IEHC 529
Autorità giudiziaria
Giurisdizione Irlanda (IE)
Data della decisione
Esito del giudizio Parzialmente accolto (Partially Allowed)
Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The court granted relief against forfeiture to the plaintiff club following the defendants' payment of outstanding sums and appointment of new directors. Although the primary claim for forfeiture was withdrawn due to these remedial actions, the court awarded costs against both defendants jointly and severally. A stay was placed on the costs order pending an appeal to the Supreme Court.

Regesto Legislator

Generato dall'IA

Relief against forfeiture; The court may grant relief against forfeiture where the party in default has paid the outstanding sums and provided satisfactory security or guarantees, thereby removing the basis for forfeiture.

Parole chiave

Generato dall'IA
relief against forfeiture club forfeiture payment of sums appointment of directors costs against defendants stay of order remedial action

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Testo completo

Neutral Citation: [2013] IEHC 529

THE HIGH COURT

[2012 No. 6741P]

Between:

THE LEOPARDSTOWN CLUB LIMITED

Plaintiff

-and-

TEMPLEVILLE DEVELOPMENTS LIMITED AND PHILIP SMYTH

Defendants

Judgment of Mr. Justice Charleton delivered on the 12th day of November, 2013.

It might be added that on 12 November 2013, the resumed hearing to the judgment of 2 September 2013, the outstanding sums were

found to have been paid. Extra directors of excellent experience have agreed to join Templeville Developments Limited. Relief against

forfeiture is granted. The costs are awarded against both defendants, jointly and severally. The form of the order providing for the

matters in the judgment is finalised after hearing argument. A stay is put on the costs order for four months pending an appeal to the

Supreme Court; any extension to be a matter for that court.