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High Court grants an interlocutory injunction to prevent a company director from issuing a winding-up petition against a business, citing the petition as an abuse of process, on the grounds that the director's claim of liquidated damages due to the alleged unlawful termination of a licence agreement was unsubstantiated and not a bona fide dispute; and the director had not been substantively involved in the company's affairs for years and lacked the authority to represent the company in such matters.
Interlocutory injunction - winding-up petition - abuse of process - liquidated damages - licence agreement - bona fide dispute - company director - derivative action - Companies Act - O.15, r.39 RSC - Meridian Communications Limited v Eircell Limited, Foss v Harbottle - prima facie case - unliquidated claims - Motor Insurers Bureau of Ireland v. Hanley - equitable jurisdiction.
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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