Dícháilithe 2013

Gerard F. O’ Grady and Declan O’ Grady were disqualified for five years respectively from 22nd July 2013.

22 July 2013


The Director of Corporate Enforcement AND Gerard F. O’ Grady and Declan O’ Grady.  In the Matter of O’ Grady Excavations & Enterprises Limited and in the Matter of Section 160 of the Companies Act 1990.

O’ Grady Excavations & Enterprises Limited

Company Number: 334550

Registered Office: Lung, Ballaghadereen, Co. Roscommon

Details of Respondents:

Gerard F. O’ Grady

Address: Lung, Ballaghadereen, Co. Roscommon

Declan O’ Grady

Address: Lung, Ballaghadereen, Co. Roscommon

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 22nd of July 2013, Gerard F. O’ Grady and Declan O’ Grady, who were directors of O’ Grady Excavations & Enterprises Limited at the time it was struck off the Companies Register, were made the subject of a disqualification order for a period of five years from the 22nd of July 2013.

The effect of this Order is that Gerard F. O’ Grady and Declan O’ Grady 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 five years.

An Order of measured costs was made in favour of the Director of Corporate Enforcement in the amount of €6,500.00 and a stay was placed on that Order of measured costs for a period of 12 weeks from the 22nd of July 2013.

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