Quinn v Cloughvalley Stores (NI) Ltd

[1]������� Thomas Keenan, as administrator of Cloughvalley Stores (NI) Limited (�the company�), applied for the winding up of the company and on 19 March 2015 Master Kelly made a winding up order.� Michael and Brigid Quinn (�the Quinns�), as shareholders and directors of the company, appealed against the order of Master Kelly and on 25 October 2016 Horner J dismissed the appeal.� Michael and Brigid Quinn then appealed to this court against the order of Horner J.� Michael and Brigid Quinn were litigants in person and Mr David Dunlop appeared for the administrator.�

[3]������� The grounds of appeal included a ground that the �centre of main interest� of the company was not in Northern Ireland and further that the appropriate person to bring an application to wind up the company was a receiver of the Republic of Ireland company.� The �centre of main interest� argument, by which the Quinns contended that any issue should be dealt with in the Republic of Ireland, had not been fully explored before the Master and accordingly the issue was remitted to the Master for further argument on that point.

[4]������� At the resumed hearing before Master Kelly the Quinns were represented by Counsel and solicitors. Master Kelly rejected the �centre of main interest� argument.� The material factors were that within Northern Ireland were to be found the registered offices of the company, the economic activity of the company based at a convenience store, the company bank and banking arrangements, the company�s statutory compliance obligations in respect of tax and VAT, the company regulatory obligations in respect of returns to Companies House and the company�s creditors and potential creditors.

[5]������� At the same time, proceedings had been taken in the Republic of Ireland by Northern Bank Limited against the Quinns, who were resident in the Republic, to enforce guarantees given in respect of the company.� In those proceedings the Quinns argued that proceedings in respect of the guarantees ought to have been instituted in Northern Ireland.� This argument was rejected in the proceedings in the Republic of Ireland.�

[8]������� The Quinns then lodged the present appeal on the grounds that they were denied legal representation, denied a fair procedure, that Horner J was not impartial and that evidence was admitted that was inadmissible and unreliable.� Skeleton arguments were exchanged in relation to the grounds of appeal.