Disqualification Cases 2013

Yuk Chan and Joon Hong Yong were disqualified for five years respectively from 17th June.

17 June 2013


The Director of Corporate Enforcement AND Yuk Chan AND Joon Hong Yong. In the matter of Peter & Yuk Company Limited AND In the Matter of Chan & L Restaurants Limited AND In the Matter of Chan & Lam Company Limited AND In the Matter of Yo Thai Co. Limited AND in the Matter of Section 160 of the Companies Act 1990.

Peter & Yuk Company Limited

Company Number: 421556

Registered Office: 100 Lower Baggot Street, Dublin 2

Yo Thai Co. Limited

Company Number: 345596

Registered Office: 1 Terenure Place, Terenure, Dublin 6W

Details of Respondents:

Yuk Chan

Address: 17 Glencairn Thicket, The Gallop,s Leopardstown, Dublin 18

Joon Hong Yong

Address: 22 Hunters Grove, Hunterswood, Ballycullen, Dublin 24

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 the 17th of June 2013, Yuk Chan, who was a director of the companies known as Peter & Yuk Company Limited and Yo Thai Co. Limited at the time they were struck off the Companies Register, and Joon Hong Yong, who was a director of the company known as Peter & Yuk Company Limited at the time it was struck off the Companies Register, were both made the subject of a disqualification Order for a period of five years.

The effect of this Order is that Yuk Chan and Joon Hong Yong 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 17th of June 2013.

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