Disqualified for unfit conduct

A BELFAST based director has been disqualified for seven years and a Crumlin based Director and a Dunmurry based Director disqualified for six years each in the High Court in Belfast.

Wednesday, 20th March 2013, 7:38 am

Richard Fisher (49) of Mount Pleasant, Belfast, Samuel Joseph Connolly (47) of Hartswood, Crumlin and Colin David Fryers (50) of Rosevale Avenue, Dunmurry were disqualified on January 17, 2013, in respect of their conduct as directors of The Fisher Metal Group Ltd.

The company carried on the business of architectural secondary and structural steel fabrication within the construction industry from Hallstown Road, Ballinderry Upper, Lisburn and went into Administrative Receivership on July 8, 2009, with estimated assets available to preferential creditors of £218,940, liabilities to preferential creditors of £10,262, liabilities of £2,096,452 to non-preferential creditors, and an estimated deficiency as regards creditors of £1,887,774.

After taking into account the losses incurred by members (the shareholders) of the Company the total estimated deficiency was £1,887,776.

The matters of unfit conduct alleged by the Department of Enterprise, Trade and Investment in relation to Richard Fisher in respect of his conduct as a director of the Company and accepted by the Court were:

· causing and permitting the Company to retain a total of £1,333,351 properly due to the Crown in respect of PAYE and NIC for the years 2007/08 to 2009/10; and VAT for the years 2003/04 to 2009/10;

· causing and permitting the Company to fail to file annual returns on time for the years ended May 9, 2005 and May 9, 2006 and to fail to file annual returns at all for the years ended May 9, 2008 and May 9, 2009.

The matters of unfit conduct alleged by the Department in relation to Samuel Joseph Connolly in respect of his conduct as a director of the Company and accepted by the Court were:

· causing and permitting the Company to retain a total of £1,310,833 properly due to the Crown in respect of PAYE and NIC for the years 2007/08 to 2009/10; and VAT for the years 2006/07 to 2009/10;

· causing and permitting the Company to fail to file annual returns for the years ended May 9, 2008 and May 9, 2009.

The matters of unfit conduct alleged by the Department in relation to Colin David Fryers in respect of his conduct as a director of the Company and accepted by the Court were

· causing and permitting the Company to retain a total of £1,005,694.06 properly due to the Crown in respect of PAYE and NIC for the years 2007/08 and 2008/09; and VAT for the years 2003/04 to 2008/09;

· causing and permitting the Company to fail to file annual returns on time for the years ended May 9, 2005 and May 9, 2006 and to fail to file annual returns at all for the year ended May 9, 2008.