Seanad debates
Wednesday, 20 May 2009
Companies (Amendment) Bill 2009: Committee Stage
Joe O'Toole (Independent)
In an attempt to be helpful to Senator Cannon, I ask the Minister to clarify the following point. If a company felt it was being unfairly dealt with and that what was happening was not practicable, what recourse would be available to it? It is my understanding that the company could seek a mandamus injunction requiring the Director of Corporate Enforcement to return the documentation. In that case, the director would have to show cause that he was acting in a reasonable and practicable manner. If a company was unhappy, it could seek a mandamus injunction in the courts. The director would then be required to show he was acting reasonably and practicably. Would a company have that recourse, in the extreme?
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