DCC 55/2007

This case involved an attempt to require the owner of a company to pay for a contract default. After the company had gone into liquidation. The owner had not contracted in person with the claimant but had been the key contact in the contract process. However, as no misrepresentation or fraud had taken place the corporate veil could not be pierced.

Background

The claimant brought forward proceedings against a company and its owner claiming damages for contractual breaches of the company and its failure to carry out obligations to produce and provide the claimant with gaming products as per the two's agreements.

However, the company's owner had never contracted in person with the claimant although he was the key person in dealing with the Claimant in his capacity as the manager and owner of the company.

As part of his management duties, the owner had previously included in his company's records (internally) provisions that he would cover its liabilities.

However, when the company defaulted, the Claimant sought to be compensated by the author since his company under liquidation but the owner refused, stating there was a separation between himself and his company.