An application to have businessman and former Irish rugby international Brendan Mullin adjudicated bankrupt over an alleged €1.8m debt has been adjourned to next month.
Mr Justice Liam Kennedy granted the adjournment on Monday to allow for further legal documents to be provided.
Mount Street Mortgage Servicing Limited (MSMS), has brought petitions seeking to have Mr Mullin (60), with an address at Stillorgan Road, Donnybrook, Dublin, and Stephane Fund (56), with an address in Kilternan, Co Dublin, a former business partner of Mr Mullin, adjudicated bankrupt.
Both men were co-directors of Bisvale DAC, a property development fund, which went into receivership in 2021.
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MSMS obtained judgment from the High Court for some €2m against both men in April 2022, arising from guarantees concerning loans made to buy properties in Ballsbridge from the National Asset Management Agency.
MSMS claims some €1.85m remains due and owing.
In its bankruptcy proceedings against Mr Mullin, MSMS claims he committed an act of bankruptcy arising from a return in July 2023 by the Dublin city Sheriff of an execution order issued in April 2023 against his goods. MSMS claims that execution order was marked: “No goods – Nulla Bona” and no payment against the debt has been received since.
In court papers opposing the bankruptcy petition, Mr Mullin denies he has committed an act of bankruptcy. He contends the execution order of April 2023 was withdrawn in July 2023 and the warrant was returned to solicitors for MSMS. In those circumstances, he claims there was no act of bankruptcy within the meaning of the relevant provisions of the Bankruptcy Act.
A solicitor for MSMS said in an affidavit he believed Mr Mullin’s claim the execution order was withdrawn is incorrect.
The proceedings were adjourned in January and again last month for the exchange of legal papers.
When the matter returned before Mr Justice Kennedy on Monday, Una Nesdale BL, for MSMS, said affidavits had been exchanged between the parties in compliance with court orders. Her side wanted to provide another affidavit and she was seeking an adjournment, on consent of Dan O’Mahony BL, for Mr Mullan, to April 15th, counsel said.
In granting the adjournment, Mr Justice Kennedy – who was a solicitor before his appointment to the High Court bench – told the sides he had a “vague memory” of having acted for Mr Mullin perhaps 20 years ago in a planning matter. The judge said he did not consider that created a difficulty for him but wished to inform the sides.
The parties will take instructions concerning that matter before the matter returned to court next month.
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