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Director of dissolved company could not pursue derivative claim
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Court of Appeal dismisses appeal from High Court, in an action brought by a director of a company that had been dissolved, and: (a) affirms refusal by the plaintiff to have an affidavit treated as a statement of claim, in circumstances where the plaintiff had been repeatedly directed to deliver a statement of claim and had failed to do so; and (b) affirms orders striking out the claim, on the grounds, inter alia, that the High Court had correctly determined that the claim had no prospect of success on the grounds that a derivative claim was not available, and that the plaintiff had been guilty of delay.
Edwards J (nem diss): Company law - appeal of three orders - whether company could be represented in court by director or other officer or servant - discretion to allow such representation in exceptional circumstances - appeal by director of company since dissolved - claim against Revenue Commissioners alleged to have accrued in August 2006 - alleged unlawful detention and seizure of wine imported by company - offer by Revenue Commissioners to settle the claim - company dissolved in April 2012 - no action commenced by expiration of 6-year limitation period - action commenced by director in his own name - history of various actions brought in connection with claim - refusal of High Court to allow him to bring an action in the name of the company - appeal allowed by Supreme Court - action commenced - applications to dismiss - injunctive relief sought by plaintiff to prevent Revenue officers entering his home - agreement by plaintiff that application for injunction be heard last - application to treat an affidavit as a statement of claim - application to dismiss - action dismissed by High Court as against all defendants - injunction application moot - case management of appeals - application for digital audio recording of motions - claim that court was not impartial - derivative claim not available at law - whether any issue of EU law arose.
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