Dícháilithe 2014

High Court declines to make disqualification orders against the directors of Chercrest Ltd and Riverstown Industrial Estate Management Company Limited.

17 November 2014


The Director of Corporate Enforcement AND Michael Slattery AND Val Slattery.   In the matter of Chercrest Limited AND Riverstown Industrial Estate Management Company Limited AND in the Matter of Section 160 of the Companies Act 1990.

 

Chercrest Limited 

Company Number:  222375 

Registered Office:   Unit 4 Riverstown Business Park, Tramore, County Waterford.

 

Riverstown Industrial Estate Management Company Limited 

Company Number:  439235 

Registered Office:   4 Canada Street, Waterford

 

Details of Respondents: 

 

Michael Slattery 

Address:  2 Corrib Drive, Avondale, Waterford (formerly of 1 The Glade, Faithlegg, Waterford). 

 

Val Slattery 

Address:   2 Corrib Drive, Avondale, Waterford (formerly of 1 The Glade, Faithlegg, Waterford). 

 

Venue: 

High Court, Dublin.

 

Judge:  

Judge Barrett

 

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, at a time when the companies continued to have liabilities.    

 

Outcome: 

On the 23rd July 2014, Judge  Barrett declined to make a disqualification Order against Mr Michael Slattery who was a director of Chercrest Limited and Riverstown Industrial Estate Management Company Limited.  Judge Barrett also declined to make a disqualification Order against Mrs Val Slattery who was a director of Chercrest Limited.  A copy of Justice Barrett’s written Judgment appears below.  

On the 7th October 2014, Judge Barrett refused an application for costs against the Director of Corporate Enforcement in favour of the directors of these companies. 

 

Appeal

The Director of Corporate Enforcement appealed the decision of the High Court to the Court of Appeal. That appeal has since been withdrawn due to the emergence of new information post the lodging of the appeal. The High Court decision not to disqualify Mr and Mrs Slattery therefore stands.

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