ALLIED IRISH BANK is seeking summary judgment orders for some €6.28 million against four businessmen over their alleged failure to repay loans advanced to develop lands in Co Meath.
Mr Justice Peter Kelly had previously referred to “disquieting circumstances” surrounding unsuccessful efforts by a summons server to personally serve the proceedings last month on James Mansfield jnr at Palmerstown House Golf and Country Club.
The summons server said he felt “intimidated and threatened” after being asked to leave the premises on February 24th last and being followed from it for a time by a Range Rover with tinted windows and, in those circumstances, sought orders allowing him serve the proceedings by other means.
The server said he had previously managed to speak with Mr Mansfield by phone and the latter had said he would be available to meet him on February 24th but, on that date, Mr Mansfield had not responded to any of his calls.
The summons server, who had made previous unsuccessful efforts to serve Mr Mansfield at Citywest Hotel, at an address in Saggart and his home at Palmerstown House, Johnstown, Co Kildare, secured an order from Mr Justice Kelly on February 26th allowing him effect service by posting it to Mr Mansfield’s business address at Unit D4, Centre Point Business Park, Dublin 12.
Because the server had also experienced difficulties effecting personal service on two other defendants, Brian Higgins and Seamus Kavanagh, the judge had made orders allowing service on Mr Higgins by post to Allensgrove, Celbridge Road, Leixlip, Co Kildare; and to Unit D4, Centre Point Business Park.
Effecting service on Mr Kavanagh was permitted by post to a property at Kyle, Killea, Templemore, Co Tipperary.
No order for substituted service was sought against Glen O’Callaghan, Drapier Road, Dublin 11, as personal service was effected on him.
The proceedings against all four men were transferred to the Commercial Court yesterday on the application of Denis McDonald, for AIB.
Mr Justice Kelly was told the defendants had made a proposal last Friday which the bank wished to consider and, on that basis, he agreed to adjourn the matter for one week.
AIB claims the defendants owe it some €6.28 million. This, it claims, is as a result of loans advanced to them from 2003 in connection with the purchase of a site at Duleek, Co Meath, and the construction of a mixed development of apartments and a commercial unit there.
