Disqualification Cases 2016

Dermot Burke and Jennifer Burke directors of Prorep Limited and Caspo Coffee Dock Limited were disqualified for a period of three years each from the 11th of April 2016

19 April 2016


In the Matter of Prorep Limited and in the Matter of Caspo Coffee Dock Limited

And

In the Matter of the Companies Acts 1963 to 2009

And

In the Matter of Section 160 of the Companies Act 1990

The Director of Corporate Enforcement - Applicant

AND

Dermot Burke and Jennifer Burke – Respondent

 
Company Name:                  Prorep Limited

Company Number:                436499

Registered Office:                 Johnstown Business Centre, Johnstown House, Naas, County Kildare

Company Name:                  Caspo Coffee Dock Limited

Company Number:                 483842

Registered Office:                  Johnstown Business Park, Johnstown House, Naas, County Kildare


Details of Respondents:

Dermot Burke

Address:                                  A89 Caragh Court, Naas, County Kildare

Jennifer Burke

Address:                                  A89 Caragh Court, Naas, County Kildare    

Venue:

High Court, Dublin.

Judge:

Mr. Justice O’Connor


The Application:

This was an Application taken under Section 160(2)(h) of the Companies Act 1990 (as amended by Section 42(b) of the Company Law Enforcement Act 2001), wherein the Director was entitled to seek the disqualification of directors of a company, that was involuntarily struck off the Register of Companies pursuant to Section 12 of the Companies (Amendment) Act 1982. As of 1 June 2015, such Applications now fall to be taken under Section 842(h) of the Companies Act 2014 and in respect of companies that are involuntarily struck-off pursuant to Section 726 of the 2014 Act.

Under Section 160(3A), (now replaced by Section 843 (3) of the Companies Act 2014) the 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 directors for such period as it deems fit or restrict him or her for a five year period.

Outcome:

On the 11th of April 2016, Dermot Burke and Jennifer Burke, who were the directors of the companies known as Prorep Limited and Caspo Coffee Dock Limited at the time that both companies were struck off the Companies Register, were made the subject of Disqualification Orders for a period of three years each.

The effect of this Order is that both Dermot Burke and Jennifer 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 a period of three years effective from the 11th of April 2016.

The issue of Costs was adjourned to the 9th May 2016.

 

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