Disqualification Cases 2013

Darren McKibbin and Catherine Johnston were each disqualified for five years from 11th November 2013.

11 November 2013


The Director of Corporate Enforcement AND Darren McKibbin and Catherine Johnston.  In the Matter of D&G Electrical Limited and In the Matter of Section 160 of the Companies Act 1990. Director of Corporate Enforcement .v. Darren McKibbin and Catherine Johnston.

D&G Electrical Limited

Company Number: 327503

Registered Office: 38, Main Street Swords, County Dublin.

Details of Respondents:

Darren McKibbin

Address: 5 Roleigh Meadows, Roleigh, Newcastle BT33 ORW, Northern Ireland.

Catherine Johnston

Address: 5 Roleigh Meadows, Roleigh, Newcastle BT33 ORW, Northern Ireland.


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 11th November 2013, Darren McKibbin and Catherine Johnston who were directors of the company known as D&G Electrical Limited at the time it was struck off the Companies Register were each made the subject of a disqualification order for a period of five years. The High Court also made an Order that the Director recover his costs against Darren McKibbin and Catherine Johnston, such costs to be taxed in default of agreement. 

The effect of this Order is that Darren McKibbin and Catherine Johnston 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 11th November 2013

 

 

 

 

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