Liquidation

Question 1

Re Murphs Restaurant

Answer 1

Petition must be brought on just and equitable grounds - partnership broke down

Question 2

Vehicle Building Insulation

Answer 2

Business paralysed due to impasse in management

Question 3

German date coffee

Answer 3

Company purpose can no longer be carried out

Question 4

Re Shrinkpa

Answer 4

Illegal Fraudulent purpose

Question 5

Ebrahami -v- Westbourne Galleries (and vehicle insulations)

Answer 5

Petitioner must come with clean hands

Question 6

Bula Limited

Answer 6

Cannot be seen as an abuse of process

Question 7

Re Glenport

Answer 7

Ex Debito Justicia no automatic right to w/up - look for ulterior motive

Question 8

Truck Machinery -v- Maru Koma

Answer 8

Not a means of debt collection

Question 9

Meridian -v- Eircell

Answer 9

If debt disputed in good faith and substantial grounds, the petition will be dismissed

Question 10

WMG Toughening Limited

Answer 10

Countersued - petition refused. W/up is not a means of debt collection, might not be disputed but theres a counterclaim. If counterclaim in good faith and substantial grounds, petition should be refused.

Question 11

Pageboy Couriers

Answer 11

Discretionary remedy, petition disputed on good faith and refused

Question 12

Stonegate

Answer 12

Injunction - petition should be presented by creditor, not a means of debt collection, until claim is established, no locus standi. Cannot invoke w/up after the debt is disputed - abuse of process

Question 13

Meridian Limited

Answer 13

“any liability” if 1k admitted and rest disputed, petition can still go ahead.