12 October 2004
Details of Defendants:
Tenants First (Ireland) Limited
Company Number: 255182
Registered Office: 21 Park Street, Dundalk, Co. Louth.
Mr. Miceal McGovern AND Ms. Inge McGovern
Address: c/o 21 Park Street, Dundalk, Co. Louth.
Dundalk District Court.
District Judge Brennan
The defendants were each charged with three counts of contravening Section 202 of the Companies Act 1990, which requires the keeping of proper books of account. The charges related to the financial years ended 31st December 1997; 31st December 1998 and 31st December 1999. Miceal McGovern was further charged with contravention of Section 183 (1) of the Companies Act, 1963 in acting as a director of Tenants First (Ireland) Limited for the period 8th December, 1999 to 8th December, 2002 while he was an undischarged bankrupt within the meaning of Section 2(1) of the Companies Act, 1963 (as amended).
The 9 charges of breach of S202, which were contested, were found to be proven by Judge Brennan. On conviction the Court imposed fines totalling €150 against each defendant and awarded prosecution costs totalling €1,041.93. In addition, witness expenses totalling €300 were awarded against the company.
The charge in relation to S183, which was contested, was also found proven. Miceal McGovern was convicted of this offence, fined €50 and ordered to pay prosecution costs of €217.08 and witness expenses of €250. The court noted that, having been convicted of an offence under Section 183(1) of the Companies Act 1963, Miceal McGovern is deemed, pursuant to Section 183(2) of the same act, to be the subject of a disqualification order. The effect of this provision is that Miceal McGovern is disqualified from holding the position of director in any company registered in the State for a period of 5 years commencing 12th October, 2004. Recognisance was fixed by the Court in respect of each party in the event of an appeal.
Update 30/11/04: This option was not availed of by the defendants.