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GAZETTE

SEPTEMBER 1992

facilitates the examination of a

company's prospects, it is consistent

with the positive aspects of the

Act.

Notes

1. Under Section 5 of the Act the

protection period commences with

the presentation of the petition.

2. Rules of the Superior Courts,

Statutory Instrument 147, 1991,

Order 75 A, Rule 5.

3. In

re Atlantic Magnetics Limited

(Under the Protection of the Court)

Supreme Court, unreported 5

December, 1991 (hereafter referred to

as "Atlantic Magnetics").

4. McCarthy J especially.

5. High Court, unreported 15 November,

1991

ex tempore

(Lardner J).

6. With whom Hederman, Egan and

O' Flaherty JJ agreed.

7. With whom Egan J also agreed.

8. Section 15 (9).

9. Section 17.

10. At page 7 of the judgment.

11. Section 8 (3).

12. Re

Consumer and Industrial Press

Limited

[1988] BCLC 177. Re

Harris

Simmons Construction Limited

[1989]

BCLC 202. Re

Primlake (UK)

Limited

[1989] BLCL 735. Re

SCL

Building Services Limited

[1990]

BCLC 98.

13. See Hamilton P's analysis of the

absolute discretion granted to the

Court under section 24 (3) of the Act

empowering the Court to confirm as

it thinks proper proposals for a

scheme of arrangement in

Re

Goodman International,

High Court

28 January, 1991 (unreported).

14. At page 3 of his judgment.

15. Re

Consumer and Industrial Press

Limited

above.

16. Section 9 (3): Section 29.

17. Re

Primlaks (UK) Limited

above at

page 747.

18.

United Meat Packers

and associated

companies High Court 12 March,

1992 unreported

ex tempore

(Keane

J). A stay was refused in the

Supreme Court on March 13, 1992.

19. In

Atlantic Magnetics

a receiver had

been appointed on a Friday, but the

Examiner was appointed on Sunday,

two days later. Subsequent to this

decision, the examinership terminated

and the receiver moved back in.

20. See section 9 (2).

21. Re

Jetmara Teoranta,

High Court

unreported May 10, 1991 (Costello J).

22. Re

Selukwe Limited,

High Court,

unreported December 20, 1991

(Costello J).

23.

Re Wogans (Drogheda) Limited,

High

Court unreported May 7, 1992

(Costello J).

Tax Eff icient

Life Cover

Thx relief on life assurance policies

having been gradually reduced over

previous years was finally eliminated

completely in the most recent

budget.

However, many people may not be

aware of the fact that it is still

possible to obtain tax relief on life

assurance policies effected under

Section 235A of the 1967 Finance

Act. This means that for the 48%

tax payer the cost of this cover is

effectively halved.

This benefit is available to anyone

who is self-employed or in non-

pensionable employment. Relief is

restricted to premiums paid not

exceeding 5% of net relevant

earnings. Such premiums are also set

against the 15% limit allowed for

pension contributions.

As an example of the cost, £50,000

life cover to age 65 can be provided

from £12.00 net per month for a

male aged 40 and £7.50 net per

month for a female age 40 assuming

both pay tax at 48%.

N

.B.

A special non medical offer is

currently available to members of the

Law Society through Sedgwick

Dineen. Further details are contained

in the insert enclosed in this issue.

TURKS AND CAICOS ISLANDS AND

THE ISLE OF MAN

Samuel McCleery

Attorney - at - Law and Solicitor at PO Bo> 127 to Grand

Tuik.Turk» aid Caooe Itfatde, Bn«#i Waal In(See aid at 1

Casta Skeet, Caatetown, lata ol Man-wit be pleated to

aooapt Inetuctane ganaaly Irom triah Soldiers intoetar-

nation and admlnletratlon ol Exempt Turka and Calcoe

Island Companiaa and Non • Resident lele ol Man

Companies as wet as Trust Admtotskadcn

GTOtfice:-

1M:

909

»4« 2818 Fai: 808 »48 2B18

I.O.M.Office:-

1M: 0624 822210 Ttlai: 628285 Samdan G

Fax: 0624 823798

Secondhand

Safe

Required

Contact

- Box No. 18

AG Appoints Solicitor

Thomas Shaw

The Attorney General,

Harold A.

Whelehan

SC has appointed

Thomas

D. Shaw

to be his solicitor in

charitable matters with effect from

July 1, 1992.

Tom Shaw is a senior partner in the

firm of JA Shaw and Company,

Solicitors, Mullingar, Co. Westmeath.

He qualified as a solicitor in 1959

having been educated at St. Gerard's

School, Clogowes Wood College and

University College Dublin where he

graduated with a Degree in Civil

Law. Mr. Shaw is a former President

of the Law Society and has been a

member of the Council of the Law

Society since 1974, during which

time he has been Chairman of the

following Committees of the Society

- Registrar's Committee, the

Finance Committee and the

Insurance Committee. In addition he

was a founder director of the

Solicitors Mutual Defence Fund.

Mr. Shaw succeeds Gordon A.

Holmes, of Messrs. Holmes,

O'Malley and Sexton, Solicitors, who

has resigned following his

appointment to the Garda

Complaints Board. Gordon Holmes

is a member of the Rules Committee

of the Superior Courts, Chairman of

the Betting Appeals Board, and

Chairman of the Garda Disciplinary

Body. He acted as solicitor to the

former Attorney General, Mr. John

L. Murray, during his periods as

Attorney General since 1982 and has

acted for the present Attorney

General since his appointment last

Autumn.

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277