Ulster Bank seeks €164m from Sean Dunne

Bank seeking High Court permission to serve bankruptcy proceedings on developer

Sean Dunne and his wife Gayle Killilea
Sean Dunne and his wife Gayle Killilea

Ulster Bank wants High Court permission to serve its Irish bankruptcy proceedings on developer Sean Dunne in this jurisdiction a judge was told today.

Mr Dunne, who is now living in America, has already filed for bankruptcy in the US .

Ulster Bank are bringing similar proceedings against him here in relation to a €164 million debt owed by him allegedly arising out of guarantees he executed over loans for the redevelopment of the Jurys Hotel site in Dublin.

Ms Justice Elizabeth Dunne today adjourned the Irish bankruptcy application after she was told the bank wanted an order allowing it to carry out substituted service of its proceedings. This would entitle it to notify Mr Dunne of the case at an address in this jurisdiction rather than in America.

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It previously obtained permission of the High Court to serve him in America, during the course of separate court proceedings against him in Connecticut, but it is believed there have been difficulties in doing so.

Lyndon McCann SC, for the bank, told the judge today the court may have seen from newspaper reports that Mr Dunne has filed for bankruptcy in the US.

The judge commented there might be an issue as Mr Dunne's domicile but Mr McCann said he is only living in the US on a temporary visa.

The court will have to deal with how the two bankruptcy regimes would operate but this was an issue that could be dealt with at a later date, counsel said.

The judge agreed to adjourn the application for substituted service for a week and said she would give a new return date for the bankruptcy application to May 30th.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times