Global InformationMcInerney Homes Ltd v Cos Acts 1990 information
| McInerney Homes Limited & Ors. & Companies (Amendment) Act 1990 | |
|---|---|
 Coat of arms of Ireland | |
| Court | Supreme Court of Ireland |
| Full case name | In the Matter of McInerney Homes Limited and in the Matter of McInerney Holdings Public Limited Company, McInerney Construction (Holdings) Limited, McInerney Contracting Limited, McInerney Contracting Dublin Limited (Each a Related Company), and in the Matter of the Companies (Amended) Act 1990 (as Amended) McInerney Homes Limited, McInerney Holdings Public Limited Company and McInerney Contracting Limited (known as McInerney Homes) |
| Decided | 22 July 2011 |
| Citation(s) | [2011] IESC 31 |
| Case history | |
| Appealed from | High Court of Ireland |
| Appealed to | Supreme Court of Ireland |
| Court membership | |
| Judges sitting | Fennelly J.
Macken J. Finnegan J. O'Donnell J. McKechnie J. |
| Case opinions | |
| Decision by | Justice Donal O'Donnell and Justice Niall Fennelly |
| Concurrence | Justice Finnegan, Justice McKechnie, Justice Macken |
| Concur/dissent | Justice Fennelly, Justice Macken |
| Keywords | |
| Examinership, Companies Act | |
McInerney Homes Ltd v Cos Acts 1990 [2011] IESC 31[1] is one of the few Irish Supreme Court cases on the topic of examinership under the Companies (Amendment) Act 1990. The Court held that the onus of proof under the legislation lay with the Examiner to show that a proposed scheme of debt restructuring was not unfair to any interested party.[2][3][4]
- ^ "McInerney Homes Ltd v Cos Acts 1990 [2011] IESC 31 (22 July 2011)". www.bailii.org. Retrieved 15 May 2020.
- ^ Noel, McGrath (2018). "Examinership – Scheme of Arrangement". WestlawIE.
- ^ "MCINERNEY HOMES EXAMINERSHIP CASE". HOMS Solicitors.
- ^ "McInerney Companies Lose Examinership Appeal". William Fry Solicitors.