21 November 2003
Re Silken Construction Limited - The Director of Corporate Enforcement (“the Director “) wishes to draw attention to a recent judgement of Ms. Justice Finlay Geoghegan which was delivered in the High Court on the 14th November 2003.
Following consideration of the facts of that case, Finlay Geoghegan J determined that a director of a company who was the subject of a section 150 application following a 'section 56 report' was entitled to an Order for Discovery pursuant to Order 31 rule 12 in relation to the provisions of the section 56 report which would enable the director to enhance his own case or save costs in defending a section 150 application, namely the answers to questions 21 (if answered), 22 and 31 (including separate sheets and appendices to the report in which those questions are answered).
On the basis of this judgement, the Director has no objection to the voluntary disclosure to company directors (if considered appropriate by the liquidator) of the answers to questions 21 (if answered), 22 & 31 and any memorandum attached to the report, which may form replies to these questions. However, the Director considers that the remainder of the report should remain confidential unless in the circumstances of a particular case the High Court indicates otherwise.
•Click here to access the judgement.
•Click here to access Order 31 rule 12 which is referred to in the judgement.
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