Dícháilithe 2013

Ciaran O’Donovan AND Deboragh Hughes (otherwise known as Deborah Hughes) AND Brian Hearne were disqualified for four, two and four years respectively.

11 November 2013


The Director of Corporate Enforcement AND Ciaran O’Donovan AND Deboragh Hughes (otherwise known as Deborah Hughes AND Brian Hearne.  In the Matter of Cibo Food Retailing Limited AND In the Matter of Cibo Food Catering Limited AND In the Matter of Cibo Food Company Limited AND in the Matter of Section 160 of the Companies Act 1990.

Cibo Food Retailing Limited

Company Number: 395275

Registered Office: 4 Main Street, Howth, County Dublin

Cibo Food Catering Limited

Company Number: 395274

Registered Office: 4 Main Street, Howth, County Dublin

Cibo Food Company Limited

Company Number: 361570

Registered Office: 1A Harbour Road, Howth, County Dublin

Details of Respondents:

Ciaran O’Donovan

Address:  73 Offington Park, Sutton, Dublin 13.

Ms Deboragh Hughes

Address: 2 Pyro Villas, Cork Street, Dublin

Mr Brian Hearne

Address:
2 Churchwell Grove, Belmayne, Dublin 13.


Venue:

High Court, Dublin.

Judge:

Justice Mary Finlay Geoghegan

The Application:

Under Section 160(2)(h) of the Companies Act 1990 (as amended by section 42(b) of the Company Law Enforcement Act 2001), the Director may seek the disqualification of the directors of a company, which has been involuntarily struck off the Register of Companies pursuant to Section 12 of the Companies (Amendment) Act 1982.

Under Section 160(3A), directors may successfully defend such an application for disqualification by demonstrating to the High Court that the company had no liabilities at the time of involuntary strike-off or that any such liabilities were discharged before the date of the making of the disqualification application. Where it deems that a sanction is appropriate, the Court has discretion to either disqualify the director for such period as it deems fit or restrict him or her for a five year period.

Outcome:

On the 14th of October 2013, Ciaran O’Donovan, who was a director of the companies known as Cibo Food Retailing Limited, Cibo Food Catering Limited and Cibo Food Company Limited at the time they were struck off the Companies Register was made the subject of a disqualification Order for a period of four years. By Order dated 11th November 2014 the First Named Respondent was ordered to make a contribution to the Director’s costs in the sum of €2,000.

The effect of this Order is that Ciaran O’Donovan is disqualified from being appointed or acting as auditor, director or other officer, Receiver Liquidator or Examiner or being in any way whether directly or indirectly concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial Provident Societies Acts 1893 to 1978 for a period of four years effective from the 14th of October 2013.

On the 11th of November 2013, Deboragh Hughes (otherwise known as Deborah Hughes) and Brian Hearne, who were directors of the companies known as Cibo Food Retailing Limited, Cibo Food Catering Limited and Cibo Food Company Limited at the time they were struck off the Companies Register were made the subject of a disqualification Order for a period of two years and four years respectively. They were also ordered to make a contribution to the Director’s costs in the sum of €2,000 each.

The effect of this Order is that Deboragh Hughes (otherwise known as Deborah Hughes) and Brian Hearne are disqualified from being appointed or acting as auditor, director or other officer, Receiver Liquidator or Examiner or being in any way whether directly or indirectly concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial Provident Societies Acts 1893 to 1978 for a period of two years and four years respectively effective from the 11th of November 2013.

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