Wednesday 28 September 2016

Glenda Gilson restricted from involvement in business for five years - High Court

Published 13/11/2015 | 18:34

File photo: Glenda Gilson. Courtpix
File photo: Glenda Gilson. Courtpix
Glenda Gilson

MODEL and TV presenter Glenda Gilson has been given a conditional five year restriction order related to involvement in business.

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Her brother Damien was disqualified from acting as a company director for eight years, the High Court also ruled.

The penalties against them arose from their involvement in a failed motor firm, Gilson Motor Company Ltd .

The terms were imposed by Mr Justice Paul Gilligan today following last July's decision of the court in which it agreed with the  liquidator of the company that restriction orders should be imposed on the siblings.

Gary Lennon, who was appointed liquidator of Gilsons, which traded in high value vehicles and operated a car parking and valeting service at Sir John Rogerson's Quay, Dublin, sought orders under the 1990 Companies Act.

Along with the disqualification order against Damien, he sought certain restrictions on Ms Gilson preventing her from acting as a company director unless certain capital requirements are met.

As a result of the order she cannot become a company director for five years unless it has a paid share capital of at least €63,000.

She opposed the liquidator's application, on grounds including she had "no hand, act or part" in the running of the business, which she gained no personal benefit from.

Her brother did not contest the application.

The Judge said that in the circumstances a 10 year disqualification order against Mr Gilson was merited, but he reduced that to eight years on the grounds that Mr Gilson had not contested the application.  He had also taken full responsibility for his actions.

He ordered costs against Mr Gilson.

However, in the interests of justice,  he was making no order in relation to the costs against Ms Gilson which means both sides will have to pay their own costs. 

The  court accepted Ms Gilson "played no active role," "did not act dishonestly," and was "deceived by her brother in the improper way he ran the affairs of the business".

It was difficult to attach any real moral blame to her. Her brother had accepted full responsibility, and she had "acted honestly" the Judge said.

However, the court found she had displayed "a want of proper standards" in effectively not taking any interest in the affairs of the company of which she was a director. 

She did not keep herself informed of the company's affairs and under the relevant company laws.

In 2011, the Gilson Motor Company was wound up by the High Court after it failed to pay €141,937 in taxes to the Revenue.

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