Appleby may face cost of legal action

The Director of Corporate Enforcement, Paul Appleby, could be asked to pay the costs of a legal action in which a well-known …

The Director of Corporate Enforcement, Paul Appleby, could be asked to pay the costs of a legal action in which a well-known Dublin accountant successfully appealed his restriction as a company director.

The Supreme Court has asked solicitors for Simon Coyle, a non-executive director of Tralee Beef & Lamb, to write to Mr Appleby to inform him that it would be hearing arguments on February 29th on whether a third party should pay the legal costs of Mr Coyle's successful appeal.

In the Supreme Court yesterday, Mr Coyle, a partner with accountancy firm Mazars, sought his legal costs from the company's liquidator, Tom Kavanagh.

Mr Kavanagh argued he should not have to pay the costs because he had sought relief from Mr Appleby's office not to take a restriction case against Mr Coyle.

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Mr Kavanagh felt Mr Coyle had acted responsibly and honestly as a non-executive director of the company, but Mr Appleby refused to grant Mr Kavanagh relief from his statutory obligation to take restriction proceedings against Mr Coyle, forcing the liquidator to take the legal action.

Counsel for Mr Kavanagh asked the Supreme Court that if he had to pay the costs that they be limited to the €40,000 remaining in the company.

The court said it would take submissions on February 29th on its power to make an order for costs against a third party.

It asked Mr Coyle's solicitors, LK Shields, to inform Mr Appleby's office it would be free to make a submission on this date.

Simon Carswell

Simon Carswell

Simon Carswell is News Editor of The Irish Times