Disqualification Cases 2016

Sally Anne Daly director of Sally Anne's Temple Limited was disqualified for a period of three years from the 11th of April 2016.

19 April 2016


In the Matter of Sally Anne’s Temple 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

Sally Anne Daly – Respondent

 
Company Name:         Sally Anne’s Temple Limited

Company Number:     464120

Registered Office:      14 Ashlawn Court, Fassaroe, Bray, County Wicklow


Details of Respondent:

Sally Anne Daly

Address:                      formerly of 14 Ashlawn Court, Fassaroe, Bray, County Wicklow and                                     now of 40 Bayview Close, Kilcoole, County Wicklow

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, Sally Anne Daly, who was a director of the company known as Sally Anne’s Temple Limited at the time it was struck off the Companies Register, was made the subject of a Disqualification Order for a period of three years.

The effect of this Order is that Sally Anne Daly is 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.
 
An Order of measured costs was made in favour of the Director of Corporate Enforcement in the amount of €3,500.00 as a contribution towards the Applicant’s costs with a Stay on that Order for Costs for a period of six months from the 11th April 2016.

 

 

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