In the Matter of Poddle Inns Limited and In the Matter of Section 160 of the Companies Act 1990. The Director of Corporate Enforcement V Ciaran Curtis and Bernadine Kavanagh.
Poddle Inns Limited
Company Number: 379630
Registered Office: 1, Terenure Place, Terenure, Dublin
Details of Respondents:
Address: 195 Cooley Road, Drimnagh, Dublin 12.
Address: 228 Keeper Road, Drimnagh, Dublin 12.
High Court, Dublin.
Ms. Justice Finlay- Geoghegan
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 10th December 2012, Ciaran Curtis who was a director of the company known as Poddle Inns Limited at the time it was struck off the Companies Register was made the subject of a disqualification order for a period of five years and Bernadine Kavanagh, who was a director of the company known as Poddle Inns Developments Limited was made the subject of a disqualification order for a period of four years. An Order for costs was awarded (as sought) to the Director of Corporate Enforcement against Ciaran Curtis only, such costs to be taxed in default of agreement.
The effect of this Order is that Ciaran Curtis AND Bernadine Kavanagh, 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 and four years respectively effective from the 10th of December 2012