According to RTE News Anglo secures injunction over wind-up claim
Anglo Irish Bank secured a temporary High Court injunction, (granted by Mr Justice Daniel O'Keeffe), against a Co. Cork solicitor who petitioned the court to have the state owned bank wound up. The applicant, Mr. Declan Guilfoyle, claims that he is owed money by the bank. Anglo on the other hand claimed that the application to wind up the bank amounted to an abuse of process and that it was an attempt at debt collection
Indeed... Anglo's Senior Counsel, Mr. John Breslin said it was in effect a form of debt collection which he, (Mr. Declan Guilfoyle), was not entitled to do ! and that such an attempt could only be considered to be an abuse of process which would court controversy... Mr Justice Daniel O'Keeffe granted the bank an interim injunction restraining Mr Guilfoyle. O'Keeffe also granted the bank an interim injunction preventing Mr Guilfoyle from advertising or publishing any such petition. The case due back in court next Wednesday.
On the same day in the same court with the same Judge...
According to RTE News Application to wind-up Anam Mobiles withdrawn
The Revenue withdrew an application to have a firm wound up after reaching "agreement" with the same company, in their petition to the court, Revenue had sought to wind-up Anam Mobiles on the basis that it was insolvent and unable to pay its debts !
Now you can call me stupid, but does it not seem to the ordinary decent people of this country, that both of these cases are in effect the same... except for the fact that on one hand, the idea of using section 213 of the Companies Act (1963) to get money that is owed to an individual is to be seen as nothing more than "a form of debt collection" and hence not successful... and on the other hand when Revenue takes what appears to be the very same action... a deal is done and no one is the wiser !
Of course, this is just speculation but lets be honest here, Companies use section 213 to force their debtors to pay up. Everyone knows this, yet when this tactic is used against a state bank… suddenly it’s “an abuse of process which would court controversy”
I wonder what would happen, had Mr. Guilfoyle's petition been successful? Would the direction from the court to close the bank and appoint a liquidator help the state of the country or would it cause more harm...
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