Bankrupt developer Seán Dunne has claimed before the High Court that two senior officials overseeing his Irish bankruptcy were never validly appointed.
Mr Dunne was adjudicated a bankrupt by the Irish courts on foot of a 2013 petition by Ulster Bank that claimed he had defaulted on some €164 million in loans.
A month after the bank petitioned the court, Mr Dunne filed for bankruptcy in Connecticut in the US when he claimed to have debts of $1 billion (€900 million) and assets of $55 million.
A US bankruptcy trustee was appointed by a US court.
The Irish bankruptcy proceedings continued and in July 2013 the Irish High Court adjudicated Mr Dunne bankrupt.
He was due to exit his Irish bankruptcy in 2016.
In 2018 the period of his Irish bankruptcy was extended for 12 years by the High Court over “wilful and deliberate” failure to co-operate with the then official administering his bankruptcy, Mr Chris Lehane, including not disclosing information about certain assets.
Mr Dunne, who denied any wrongdoing, is due to exit his Irish bankruptcy in 2028.
In a motion to the court Mr Dunne, who is representing himself in the proceedings, claims that the current Official Assignee in Bankruptcy (OA) Mr Michael Ian Larkin and Mr Lehane, who retired from the position some years ago, were not validly appointed as OA in the now UK-based businessman’s bankruptcy.
Mr Dunne seeks declaratory orders from the court that neither Mr Larkin nor Mr Lehane were validly appointed as OA in his bankruptcy.
He also wants Mr Larkin or Mr Lehane to produce their appointment documents, pursuant to statue and the constitution as Official Assignee.
Mr Dunne’s proceedings are against Mr Larkin, Mr Lehane and the firm of solicitors for the office of the official assignee Clark Hill LLP.
The respondents, represented by Lyndon MacCann SC appearing with Una Nesdale BL, oppose the motion, and reject all claims that Mr Larkin or Mr Lehane were never validly appointed as OAs in Mr Dunne’s bankruptcy.
The matter came before Mr Justice Rory Mulcahy during Tuesday’s vacation sitting of the High Court.
The judge, after hearing from both parties, said he was adjourning the matter to a date in September.
Mr Dunne told the court that he wished to bring additional motions, including one to join his minor children as applicants to his action.
He also said that he was seeking documentation generated in another High Court bankruptcy case, which he claims is relevant and is supportive of his current action.
Mr Justice Mulcahy, who allowed Mr Dunne to bring his additional motions, said there was no point proceeding with the hearing of the main motion until the other preliminary matters are dealt with.
Mr Dunne accepted that but said he was anxious for reasons including that he was adjudicated a bankrupt in Ireland 11 years ago, that the motions be heard as soon as possible.
In reply, Mr MacCann said his side was ready to contest the motion regarding the question of the validity of Mr Lehane’s and Mr Larkin’s appointments as OA.
Counsel said that while it was not accepted that M Dunne claims are correct, the effect of him being successful in his motion would be “profound”.
In relation to the other motions counsel said his side needed time to respond to the question of adding additional parties to the action. Counsel said that Mr Dunne’s application seeking documents from another case would not be successful.
The court also heard that the office of the Attorney General and the Minister for Justice had also been served with the paper.
Ross Gorman BL for the Attorney General and the Minister said he was in attendance in order to provide any assistance the court may require from his clients.
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