IBRC claim for €19.4m adjourned

A CLAIM by the Irish Bank Resolution Corporation (formerly Anglo) for €19

A CLAIM by the Irish Bank Resolution Corporation (formerly Anglo) for €19.4 million summary judgment orders against Dublin businessman Johnny Moran has been adjourned to next month to allow consideration of claims by Mr Moran concerning the authenticity of certain bank documents.

The bank is seeking judgment against Mr Moran arising from his guarantees of loans to companies which operated a pub and hotel in Dublin city. He disputes the bank’s entitlement to judgment and has brought a counterclaim against it.

Mr Moran has counterclaimed on grounds including alleged fraudulent misrepresentation arising from aspects of the conduct of the bank’s affairs leading up to its nationalisation in 2008.

When the case came before Mr Justice Peter Kelly yesterday, Ross Maguire SC, for Mr Moran, said an issue had arisen which was of some importance related to documents provided by the bank, including a deed of confirmation alleged to have been executed in June 2008.

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There were issues about a signature on a document, Mr Maguire indicated.

Jim Breslin SC, for IBRC, said he was “puzzled” by the claims and that the issues raised had been fully addressed. Originals of the documents would be provided to the court, he said. Those documents were presented to the judge later yesterday.

Mr Breslin also argued that Mr Moran’s claims about past conduct of IBRC were “hearsay” based on material “recycled from the financial press” and did not amount to a defence to the bank’s claim in the proceedings.

Mr Justice Kelly said he would adjourn the matter to next month to allow the documents at issue to be considered.

The case against Mr Moran, Herbert Lodge, Merrion Road, Ballsbridge, Dublin, relates to guarantees provided by him over loans to two companies – Blarney Inns Ltd and JRM Hotels Ltd – operating the Blarney Inn pub on Nassau Street and the Earl of Kildare Hotel, Kildare Street.

In separate proceedings, various companies of Mr Moran are challenging the appointment by Anglo in December 2010 of receivers over those and other premises held by the companies, including the Holiday Inn hotel on Pearse Street, Dublin.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times