Disqualification Cases 2012

Peter Cuthbert AND Philip Joseph Jordan were disqualified for periods of eight and five years respectively from 8th October 2012 pursuant to Section 160(2)(h) of the Companies Act 1990.

08 October 2012


The Director of Corporate Enforcement AND Peter Cuthbert AND Philip Joseph Jordan. In the Matter of J. & C. (East Cork) Developments Limited and In the Matter of Peter Cuthbert Construction Limited and In the Matter of Section 160 of the Companies Act 1990. 

J. & C. (East Cork) Developments Limited

Company Number: 282101 

Registered Office: C/O Philip Jordan, Whitehall, Cork Road, Midleton, Co. Cork. 

Peter Cuthbert Construction Limited

Company Number: 264039 

Registered Office: Ballygeaney, Ballycotton, Co. Cork. 

Details of Respondents: 
Peter Cuthbert 

Address: Ballygeaney, Ballycotton, Co. Cork. 

Philip Joseph Jordan 

Address: Cork Road, Midleton, Co. Cork 

Venue: 
High Court, Dublin. 

Judge: 
Mr. Justice Brian McGovern 

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 8th October 2012, Philip Joseph Jordan who was a director of the company known as J. & C. (East Cork) Developments 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 Peter Cuthbert, who was a director of the companies known as J. & C. (East Cork) Developments Limited and Peter Cuthbert Construction Limited at the time they were struck off the Companies Register, was made the subject of a disqualification order for a period of eight years. A contribution to costs of €1,000 was awarded to the Director of Corporate Enforcement against each of the respondents. 

The effect of this Order is that Philip Joseph Jordan AND Peter Cuthbert 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 eight years respectively effective from the 8th October 2012.

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