Disqualification Cases 2013

Anthony and Delia Burke were disqualified for five years respectively from 29th July 2013.

29 July 2013


The Director of Corporate Enforcement AND Anthony Burke and Delia Burke.  In the Matter of Tony Burke Furniture Centre Limited and in the Matter of Section 160 of the Companies Act 1990.

Tony Burke Furniture Centre Limited

Company Number: 110004

Registered Office: Six Cross Roads Roundabout, Carriganard, Outer Ring Road, Waterford, Co. Waterford.

Details of Respondents:

Anthony Burke

Address: 3 Whitethorn Drive, Grantstown Village, Waterford

Delia Burke

Address: 3 Whitethorn Drive, Grantstown Village, Waterford

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 29th of July 2013 Anthony Burke and Delia Burke, who were the directors of Tony Burke Furniture Centre Limited at the time the said Company was struck off the Companies Register, were each made the subject of a disqualification order for a period of five years effective from the 29th of July 2013 and an order for costs was made in favour of the Director in the sum of €6,000.

The effect of this Order is that Anthony Burke and Delia Burke 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 the duration of their respective disqualification periods.

 

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