Disqualification Cases 2014

Michael Bailey and Thomas Bailey disqualified for seven years on the 1st May 2014

06 June 2014


Details of the Directors:

Michael Bailey
Address: Ashfield House, Beauparc, Navan, County Meath.

Thomas Bailey
Address: Culcommon, Batterstown, County Meath.

Company: Bovale Developments
Company Number: 98194
Registered Office:  59 Fitzwilliam Square, Dublin 2.
Venue: High Court Dublin
Judge: Ms Justice Mary Finlay Geoghegan

The Application:

Counsel on behalf of the Director of Corporate Enforcement, (“the Director”) applied to the High Court for a disqualification order under Section 160(2) of the Companies Act, 1990 against Michael Bailey and Thomas Bailey, the Respondents in this case.

Outcome:
On the 21st October 2013, the case was heard before Ms Justice Finlay Geoghegan. On the 9th December 2013, the Court delivered judgment and made an Order pursuant to Section 160 of the Companies Act, 1990 (as amended), disqualifying Michael Bailey and Thomas Bailey for seven years, from being appointed or acting as an 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 any society registered under the Industrial and Provident Societies Acts 1893 to 1978.

The said disqualification Order of the High Court was stayed and adjourned by the Court from time to time, pending the hearing of the Respondents application for relief from that Order, pursuant to the provisions of Section 160(8) of the Companies Act, 1990.

On the 1st May 2014, at the hearing of the Respondents application for relief, the Court lifted the stay on the Order disqualifying the Respondents. Further under Section 160(8) of the said Act, the Court made an Order, that the Respondents be permitted to continue as directors and or be concerned in the management of Bovale Developments to include the Companies listed in the Schedule below, up to and including the 30th day of September 2014, on condition that a minimum of two additional directors be appointed to Bovale Developments and to each of the named Companies in the said Schedule on or before the 20th day of July 2014.  The Court also ordered, that the Respondents furnish to the Director proof of the appointment of the said additional directors.

The Respondents and the Director were represented by Counsel at each of the above hearings before the High Court.

The Judgment of the 9th December 2013 of Ms Justice Mary Finlay Geoghegan is attached below.

SCHEDULE OF COMPANIES
Lissenhall Demesne Properties Limited
Balheary Properties Limited
Charlestown Shopping Centre Management Company Limited
Charlestown Apartments Management Company Limited
Blackhall Green Homes Limited
Caslan Developments Limited
Bailey New Homes Limited
Sureford Limited
Heeleys View Management Company Limited
Ryehill Developments Limited
Sampan Concepts Limited

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