High Court refuses application by liquidator to restrict former directors of a large building contracting company from acting as directors of a company for a period of five years, as a detailed examination of the directors' commercial actions in relation to loans and commercial projects in operation during the period leading up to the winding up illustrated the 'responsible' nature of their decisions, which were approved and consented to by company auditors at the time.
Company law - application to restrict directors of company - liquidator's application - company as part of a wider group of companies based in UK - five reasons set out as to why directors should be restricted - application opposed by second, third, fourth and sixth-named respondents - remaining respondents did not contest application - examinership entered into in November 2010 following significant loss made in 2007 - whether respondents acted 'responsibly' in their conduct regarding company affairs - actions of respondents in period leading up to liquidation - legal principles - test to be applied - failure to write off inter-company loan not determinative - failure to recover UK inter-company loans met with auditors' approval - revaluation of asset met with auditors' approval and consent - failure to revalue company investments downwards approved - respondents entitled to rely on auditors opinion - whether respondents overstated commercial prospects of business - responsibility established - board of directors put significant amount of their own money into company at time of peril - sense of responsibility - no other reason why it would be just and equitable to make a restriction order - application dismissed.