ACC Bank are to bring High Court proceedings against musician Jim Corr and another man arising out of an alleged failure to repay a €1.3 million loan obtained to buy land.
The dispute arises out of loan agreement the Dutch-owned bank claims it entered into with Mr Corr and Mr Liam Marks of the Coach House, Sandymount, Blackrock, Dundalk, Co Louth for the purchase of 91 acres of land at Barrowmount, Goresbridge, Co Kilkenny.
The bank claims that last June it demanded repayment of €1.36 million from both men.
However ACC says that the money has not been repaid, and intends to seek judgment for the full amount against both men. The bank loan was sanctioned in 2004.
Mr Corr (46), along with his three sisters, is a member of the internationally acclaimed Dundalk band the Corrs.
Today, ACC secured an order from the High Court allowing them to serve the musician notice of the proceedings that the bank intends to bring against Mr Corr at his place of residence in Bangor, Co Down by ordinary post.
In documentation put before the court, a lawyer acting for ACC expressed his belief that Mr Corr had been evading being served notice of the bank’s proceedings against him.
Mr Justice John MacMenamin granted ACC an order for substituted service allowing the bank to serve Mr Corr notice of the proceedings by ordinary prepaid post at his normal place of residence at an apartment Sharman House, Old Windmill Road, Crawfordsburn, Bangor, Co Down.
The court further made an order allowing the bank to serve further documentation arising in the course of the proceedings on Mr Corr by ordinary prepaid post. The orders were granted on ex parte basis (one side only.) In seeking the orders, Bernard Dunleavy Bl for ACC told the court that the ACC had been unable to effect service on Mr Corr, who is a well known musician.
Counsel added that it was ACC’s intention to apply to have the proceedings admitted to the commercial Court, the big business division of the High Court.
In an affidavit to the court, solicitor Donnacha O’Donovan for ACC said he believed that Mr Corr was evading being served notice of the proceedings ACC intended to bring.
Mr O’Donovan said that a summons server attempted to serve Mr Corr with the proceedings on four separate dates in late July early August last without success.
Mr O’Donovan said that he also wrote to Mr Corr informing him of the proceedings and asked to meet with him in order to effect service of the proceedings on him.
Those letters were delivered to Mr Corr’s address by both ordinary and registered post. However earlier this month the registered letters were returned to Mr O’Donovan's office marked “Not Called for”. The letters sent by ordinary post were not returned.
Mr O’Donovan said that a solicitor’s firm acting for Mr Corr informed him that they were not in a position to accept service of the proceedings.
However Mr O’Donovan said that a caretaker at the apartment block where Mr Corr resides informed the summons server that the musician continues to reside there.