James Monaghan and (1) Paul Cunningham (2) Thomas Muldoon (3) Sean Slane (4) Mark Kelly (5) Travel Ireland Coach Tours Limited (6) Irish Tour Tickets Limited
Jurisdiction | Northern Ireland |
Neutral Citation | [2021] NICh 14 |
Date | 29 July 2021 |
Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2021] NICh 14
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: HUM11578
Delivered: 29/07/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
JAMES MONAGHAN
Plaintiff
and
(1) PAUL CUNNINGHAM
(2) THOMAS MULDOON
(3) SEAN SLANE
(4) MARK KELLY
(5) TRAVEL IRELAND COACH TOURS LIMITED
(6) IRISH TOUR TICKETS LIMITED
Defendants
___________
Gerald Simpson QC and Anna Rowan (instructed by A&L Goodbody) for the plaintiff
Wayne Atchison (instructed by Davidson McDonnell) for the first to fourth defendants
David Dunlop QC (instructed by Elliott Duffy Garrett) for the sixth defendant
___________
HUMPHREYS J
Introduction
[1] The plaintiff in this action is a shareholder in the fifth defendant company,
Travel Ireland Coach Tours Limited (‘the Company’) and seeks the leave of the court
to pursue a derivative action against the first to fourth named defendants (‘the
directors’) for alleged breach of the fiduciary duties which they owe to the
Company.
[2] In particular, the plaintiff alleges that the directors diverted business
opportunities from the Company to the sixth defendant, Irish Tour Tickets Limited
(‘ITT’), a limited company incorporated by them.
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