Disqualification Cases 2011

Maurice Doolan and Martina Fogarty were disqualified for a period of 7 years from 28th March 2011 pursuant to Section 160(2)(h) of the Companies Act 1990.

28 March 2011


The Director of Corporate Enforcement AND Maurice Doolan AND Martina Fogarty. In the matter of Maurmart Limited and in the matter of Section 160 of the Companies Act 1990. 

Maurmart Limited 

Company Number: 441444 

Registered Office: Tudor Lodge, Ballysax, The Curragh, Co. Kildare 

Details of Respondents: 
Maurice Doolan 

Address: Tudor Lodge, Ballysax, The Curragh, Co. Kildare 

Martina Fogarty 

Address: Tudor Lodge, Ballysax, The Curragh, Co. Kildare 

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 28th March 2011, Maurice Doolan and Martina Fogarty, who were directors of the company known as Maurmart Limited at the time it was struck off the Companies Register, were each made the subject of a disqualification order for a period of seven years effective from the 28th March 2011 with costs to be taxed jointly and severally in default of agreement. 

The effect of this Order is that Maurice Doolan and Martina Fogarty 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 the duration of their respective disqualification periods.

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