Kwok Lun Fung (55) of Millburn Road, Coleraine was disqualified for five years on 24 February 2022, in the High Court, Belfast in respect of his conduct as a director of Millburn Asia Food Ltd - In liquidation (“the Company”).
The Company operated licensed restaurants and went into liquidation on 12 April 2018 with an estimated deficiency as regards creditors of £237,721. There was a total of £10 owing as Share Capital, resulting in an estimated deficiency as regards members of £237,731.
The matters of unfit conduct alleged by the Department in relation to Kwok Lun Fung in respect of his conduct as a director of the Company and accepted by the Court were:
- Causing and permitting the Company to submit inaccurate PAYE / NIC and VAT returns resulting in a loss of monies properly due to the Crown and / or operating a policy of discrimination against the Crown from 2015/16. The Respondent caused and permitted the Company to retain a total of £227,986.85 due to the Crown as at the date of liquidation. This represented 96% of the Company’s overall estimated deficiency in respect of PAYE / NIC and VAT properly payable to the Crown. Furthermore, the Respondent operated a policy of discrimination in that significant payments were made to trade creditors at a time when the HMRC debt continued to increase.
The Department has accepted twenty eight Disqualification Undertakings and the Court has made twelve Disqualification Orders in the financial year commencing 1 April 2021.
