Garnashee order

Jack and Mary

Hi all,

Is it possible for a director of a company to obtain a garnashee order where there is an ongoing dispute with a third party?

ResearchWill

http://courts.ie/rules.nsf/6cc6644045a5c09a80256db700399505/ea299638dac3328680256d94006276d9?OpenDocument

Jack and Mary

What if the dispute involves the directors company and the third party?

ResearchWill

Jack and Mary wrote: »

What if the dispute involves the directors company and the third party?

"1. The Court may, on the ex parte application of any person who has obtained a judgment or order for the recovery or payment of money"

Does he have a judgment or order for the recovery or payment of money?

Jack and Mary

Does he have a judgment or order for the recovery or payment of money?

Not yet but its something that he is working on, but it will effectively mean that the director will have to get a judgment registered against his own company to enable him to get a garnishee order in place against the third party to get them into court to recover an amount that he personally invested into the company to ensure its survival whilst in dispute with the third party. A few creditors to his company have obtained such orders and have recovered a percentage of their debt from the third party through the courts already but the director is unable to fund the ongoing dispute (circa 150k). This maybe a cheaper alternative???
(This is bloddy confusing seems like i'm talking in riddles and apologise if it comes accross this way)

Jack and Mary

Meant to say that there is a 7 figure sum involved in this dispute also hence why he is looking at all possible avenues.