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High Court grants a declaration restricting the respondent from being appointed or acting as a director or other officer of any company for a period of five years, unless that company meets the requirements under companies statute, on the grounds that: (a) the respondent failed to establish that as the sole director with ultimate responsibility to produce comprehensive books and records he acted responsibly; (b) the respondent failed to establish that the practice of raising invoices in the name of another company and using its VAT number was justified due to agreements with that company; (c) the respondent failed to demonstrate that he co-operated as far as could reasonably be expected in relation to the conduct of the winding up; and (d) the respondent failed to account for the discrepancy between the value of sales recorded in the sales ledger and the payments received into the company’s bank account.
Application for an order pursuant to section 842 of the Companies Act 2014 disqualifying the respondent from being appointed or acting as a director or other officer of any company for such period as may be determined by the court - section 842 of the Companies Act 2014 - application refused as it was inappropriate given the actions of both parties contributed to the deficit and the insolvent liquidation of the company - section 819 of the Companies Act 2014 - in the alternative, an application seeking declaration restricting the respondent from being appointed or acting as a director or other officer of any company for a period of five years, unless that company meets the requirements under s. 819 of the Companies Act 2014 - disqualification as a director or other officer in a company - whether the respondent acted either honestly or responsibly in the management of the company - whether there was any other reason why it would be just and equitable that he should be subject to the restrictions imposed by s. 819 of the Companies Act - declaration granted.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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