AN APPLICATION to have developer Thomas McFeely declared bankrupt has been scheduled for hearing next month after Mr McFeely agreed yesterday to accept the bankruptcy summons papers in court.
The developer, who was sued by Dublin City Council in other proceedings over fire safety issues at his Priory Hall apartment complex in Donaghmede, had claimed a bankruptcy summons issued on behalf of Theresa McGuinness, Rush, Co Dublin, had not been appropriately served.
Ms McGuinness is seeking to have Mr McFeely declared bankrupt arising from the failure to pay her an award made to her in 2009 against his company, Coalport Ltd.
After hearing from counsel for Mr McFeely yesterday that he was prepared to accept the bankruptcy summons in court, Ms Justice Elizabeth Dunne adjourned the matter until January 16th.
Earlier yesterday, Ms McGuinness said she had engaged Mediation Services, Maynooth, Co Kildare, to serve Mr McFeely with the bankruptcy papers and was satisfied this had been done on October 21st. However, she was not in a position to call the summons server to give evidence as he was no longer in the jurisdiction.
The court also heard from a subpoenaed witness Dyane Connor, TV3 courts correspondent. Ms Connor said that on October 21st, she left the Four Courts building at Chancery Place and put questions to Mr McFeely in relation to a separate case. She said she saw Mr McFeely getting into a taxi before being approached by a man who knocked on the window and handed him a newspaper.
“Mr McFeely took hold of the newspaper and the man pulled it back and there was an envelope underneath,” she said. “Mr McFeely took hold of the envelope and the man said ‘you’ve been served’ and Mr McFeely threw the envelope on the pavement.”
Ms Connor said she later picked up the envelope and handed it to a security guard. She was also shown a photograph by Ms McGuinness and identified Mr McFeely and the man who gave him documents.
Martin Hayden SC, for Mr McFeely, said Ms Connor’s evidence was not evidence of service and it showed the document had not even been opened by Mr McFeely.
Mr Hayden said Ms Connor had fairly set out the sequence of events as she saw it and had “clearly indicated a subterfuge of concealment in a newspaper at a time when Mr McFeely was dealing with another application before the High Court”.
This was “hardly an appropriate method for a summons server to engage in and hardly a practice that should be encouraged”.
Ms McGuinness had sued Coalport over attempting to sell her a house in Balrothery, Co Dublin, with serious structural defects. She was awarded €103,000 in damages but claims she is owed an additional €200,000 in costs arising from her 2009 court action.
Mr McFeely is also appealing a High Court ruling that he breached court orders and undertakings requiring him to meet weekly targets for the completion of fire safety works at Priory Hall.
He is also appealing orders which have been stayed pending his appeal, fining him €1 million and jailing him for three months.