Disqualification Cases 2012

Moira Tighe and Christy Tighe were disqualified for a period of five years from 5th November 2012 pursuant to Section 160(2)(h) of the Companies Act 1990.

05 November 2012


In the Matter of Cromleach Hospitality Limited AND In the Matter of Dalwich Limited AND In the Matter of Section 160 of the Companies Act 1990. The Director of Corporate Enforcement .v. Moira Tighe and Christy Tighe and Thomas McSharry. 

Cromleach Hospitality Limited 

Company Number: 439567 

Registered Office: Cromleach Lodge, Ballindoon, Boyle, Co. Sligo 

Dalwich Limited 

Company Number: 423874 

Registered Office: Cromleach Lodge Country House, Castlebaldwin, via Boyle, Co. Sligo 

Details of Respondents: 
Moira Tighe 

Address: Cromleach Lodge, Ballindoon, Riverstown, Co. Sligo. 

Christy Tighe 

Address: Cromleach Lodge, Ballindoon, Riverstown, Co. Sligo. 

Venue: High Court Dublin   

Judge: 
Mr. Justice Cooke 

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 5th November 2012, Moira Tighe and Christy Tighe who were directors of the company known as Cromleach Hospitality Limited at the time it was struck off the Companies Register were each made the subject of Disqualification Orders for a period of five years. An Order for Costs was awarded to the Director of Corporate Enforcement against both respondents, such costs to be taxed in default of agreement. 

The effect of this Order is that Moira Tighe and Christy Tighe, 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 effective from the 5th November 2012

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