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Sect. 205 CA and Foss V Harbottle

lopppy · 2010-12-02 20:53:58

Hey, I'm preparing for next weeks Advanced Business Law exam, I'm in commerce so not 100% on answering in law exams. Im trying to prepare an essay question entitled... "Section 205 of the 1963 Companies Act provides a more flexible and a more effective remedy against directors' wrongdoing than any exceptions to the rule in…

02-12-2010 8:53pm

#1

lopppy

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Posts: 47

Hey, I'm preparing for next weeks Advanced Business Law exam, I'm in commerce so not 100% on answering in law exams. Im trying to prepare an essay question entitled...

"Section 205 of the 1963 Companies Act provides a more flexible and a more effective remedy against directors' wrongdoing than any exceptions to the rule in Foss V Harbottle"

Examine the validity of this statememnt with reference to relevant case law and statute.

I have a lot of information on both but just not sure what kind of points I could make!

Thanks for any help!

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#2 02-12-2010 9:02pm

Tom Young

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I answered this years ago, here on the LD Forum. Here is a link for your convenience: http://www.boards.ie/vbulletin/showthread.php?t=2055881846&highlight=Harbottle you might consider using the search facility the next time. Though I take the point that Section 205 as a search string is a problem. Harbottle is not.

I never had time to insert the citations in that string, I can if you so wish. I expect it will be what you need to address the question which you are posed with.

The more recent case of Fanning v Murtagh should be read. http://www.courts.ie/__80256F2B00356A6B.nsf/0/86C4F2140752C589802574B70053A79B?Open&Highlight=0,Fanning,Murtagh,~language_en~ Per Miss Justice Mary Irvine. The end of the Judgment is noteworthy.

Tom

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#3 02-12-2010 9:08pm

Tom Young

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You might also note Section 213 (f) of the principal act (1963) allows the Court to wind-up a Company when the court is of opinion that it is just and equitable that the company should be wound up. Contribution and pooling orders are also applicable here, 140/141 of the 1990 Act.

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