Mr Coyle, the sole shareholder of Decobake, which had stores in Clane, Co Kildare and Bachelor’s Walk in the centre of Dublin, had complained to the commission that the Office of the Director of Corporate Enforcement had unlawfully withheld access to personal data contained in the liquidator’s reports and documentation.
Judge John O’Connor, in a reserved judgment, said the fairest way of dealing with the appeal, which he partly allowed on the basis that the commission had failed to comply with fairness of procedures, was to direct the commission to reconsider the manner in which it had reached its final decision. Judge O’Connor said that in its initial draft decision the commission had held the ODCE was entitled to withhold access to personal data contained in complaints and internal correspondence but in its initial final decision had held the ODCE was only entitled “to withhold the source of that data.
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