The Department for the Economy and Rory Brendan Burns
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Judgment Date | 17 October 2023 |
| Neutral Citation | [2023] NICh 7 |
| Court | Chancery Division (Northern Ireland) |
Neutral Citation No: [2023] NICh 7
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McB12257
ICOS No: 12/105179
Delivered: 17/10/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
(COMPANIES)
___________
IN THE MATTER OF SEATEM ATTRACTION TICKETS (UK) LTD
(IN LIQUIDATION)
AND
IN THE MATTER OF THE COMPANY DIRECTORS DISQUALIFICATION
___________
Between:
THE DEPARTMENT FOR THE ECONOMY
Applicant
and
RORY BRENDAN BURNS
Respondent
___________
The Respondent appeared as a Litigant in Person
Mr McAteer (instructed by the Departmental Solicitor’s Office) for the Applicant
___________
McBRIDE J
Application
[1] This is an application by the Department for the Economy (“the Department”)
seeking the disqualification of Rory Brendan Burns (“the respondent”) from acting
as a company director, pursuant to Article 9 of the Company Directors
Disqualification (Northern Ireland) Order 2002 on the grounds that he is unfit to be
concerned in the management of a company.
[2] The matters of unfit conduct relied on by the Department are as follows:
(a) Causing or permitting Seatem Attraction Tickets (UK) Ltd to retain
£333,036.92 properly due to the Crown in respect of NIC and PAYE.
(b) Causing or permitting Seatem Attraction Tickets (UK) Ltd to fail to pay
£71,233.66 properly due to the Crown in respect of corporation tax.
(c) Failing to file accounts for the year ended 31 December 2008.
(d) Causing or permitting Seatem Attraction Tickets (UK) Ltd to fail to file the
annual returns for the years ended 28 February 2007 to 28 February 2009
inclusive, within the prescribed periods with Companies House and failing to
file the annual return for the year ended 28 February 2010.
(e) Failing to fully cooperate with the Official Receiver in contravention of Article
199(2) of the Insolvency (Northern Ireland) Order 1989 by failing to provide
the Official Receiver with information/documentation as requested.
[3] The application was grounded on the affidavit of David Bell, a senior examiner
in the Disqualification Unit of the Insolvency Service sworn on 21 September 2012.
He averred that based on information received from Joseph Hasson, Official
Receiver, it appeared to the Department to be expedient in the public interest that a
Disqualification Order under Article 9 of the 2002 Order should be made against the
respondent.
Representation
[4] The Department was represented by Mr McAteer of counsel. The respondent
appeared as a litigant in person. I am grateful to all parties for their industry in
preparing chronologies and skeleton arguments.
The evidence
[5] The evidence was contained within a large volume of affidavits and
accompanying exhibits. It commenced with the grounding affidavit of
Joseph Hasson sworn on 21 September 2012. The respondent then filed a replying
affidavit sworn on 6 November 2013. In his replying affidavit the respondent raised
several issues which precipitated rejoinder affidavits from Gary McCappin, Senior
Examiner in the Disqualification Unit, Pauline Brown, an employee in the Official
Receiver’s Office and Peter Cash, an employee in the Directors’ Disqualification
Unit. All these affidavits were sworn on 14 May 2014. In response the respondent
filed three rejoinder affidavits sworn on 12 August 2014 and a filed further general
rejoinder affidavit on 8 November 2016. Gary McCappin then filed a second
affidavit on 9 November 2016 and a final affidavit was filed by the respondent on
15 January 2019.
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