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High Court accedes to paper-based application to have company law proceedings entered in the Commercial List, and directs that the court will, if still necessary, hear submissions on the appropriate directions to be made at a future remote hearing, finding that: (a) the proceedings were 'commercial proceedings' within the meaning of the rules of court; (b) the proceedings were clearly in respect of a claim arising from, or relating to, business documents, business contracts and business disputes, where the value of the claim was not less than €1 million; (c) the respondents’ application had been brought without delay; and (d) the respondents’ solicitor had provided the required undertakings.
Application by respondents to enter proceedings in the Commercial List - dealt with on the papers due to the COVID-19 pandemic - consent to the application but not to the directions sought - proceedings seeking orders under s. 212 of the Companies Act 2014 in relation to the alleged oppression of the applicants and/or the alleged disregard of their interests as members of two companies, one registered in Ireland and the other in Luxembourg - respondents challenging the jurisdiction of the Irish courts to make orders in respect of Luxembourg company and application for entry brought without prejudice to this objection - parties requested hearing (remote or otherwise) for the court to determine the necessary directions - court directed that remote hearing of no more than 30 minutes should take place and that the parties should liaise with the registrar accordingly - parties urged to consider mediation - costs of the entry application to be costs in the cause.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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