Disqualification Cases 2013

Jerry Martin AND Catherine Martin were disqualified for periods of five and four years respectively from 4th February 2013.

04 February 2013


The Director of Corporate Enforcement AND Jerry Martin AND Catherine Martin. In the Matter of Grangeport Developments Limited AND In the Matter of J & C Martin Investments Limited AND In the Matter of John (Jerry) Martin & Company Limited AND In the Matter of Doon Sewage Up-Grade Limited AND In the Matter of Eirkey Forecourt Advertising Limited AND In the Matter of Section 160 of the Companies Act 1990.

Grangeport Developments Limited

Company No: 403259

Registered Office: Floor 2, Riverpoint, Lower Mallow Street, Limerick

J & C Martin Investments Limited

Company No: 456505

Registered Office: Floor 2, Riverpoint, Lower Mallow Street, Limerick

John (Jerry) Martin & Company Limited

Company No: 131778

Registered Office: Friarstown, Grange, Kilmallock, Co. Limerick

Doon Sewage Up-Grade Limited

Company No: 421764

Registered Office: Monastery Road, Doon, County Limerick

Eirkey Forecourt Advertising Limited

Company No: 344659

Registered Office: Barraderragh House, Croke Street, Thurles, Co Tipperary

Details of the Respondents

Jerry Martin

Address: Friarstown, Grange, Kilmallock, Co. Limerick

Catherine Martin

Address: Friarstown, Grange, Kilmallock, Co. Limerick

Venue:

High Court, Dublin

Judge

Ms Justice 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 the 4th February 2013, Jerry Martin who was a director of the companies known as Grangeport Developments Limited, J & C Martin Investments Limited, John (Jerry) Martin & Company Limited, Doon Sewage Up-Grade Limited, and Eirkey Forecourt Advertising Limited was made the subject of a disqualification Order for a period of five years.

On the 4th February 2013, Catherine Martin who was a director of the companies known as Grangeport Developments Limited, J & C Martin Investments Limited, and John (Jerry) Martin & Company Limited was made the subject of a disqualification Order for a period of four years.

The effect of this Order is that Jerry Martin and Catherine Martin 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 22nd of April 2013

Court Rulings

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