BKR broker AN interim court order freezing assets belonging to Dublin-based BKR Financial Services broker, Mr Brian Kilbane, who has allegedly gone missing, was made in the Circuit Civil Court yesterday.
The mareva injunction was granted by Judge Elizabeth Dunne to Ms Bernadette Donnelly, Charlemont Street, Dublin, ordering Mr Kilbane not to reduce his assets below £25,000 (€31,740).
Judge Dunne told Mr Rory MacCabe, counsel for Ms Donnelly, that Mr Kilbane could be notified of the court order, and his clients' application to the court on FEBRUARY 15th next for a permanent order, through the placing of newspaper advertisements.
The court also granted an interlocutory order similarly directing Eastgrange Investments Ltd from reducing its assets below £25,000. Judge Dunne noted an undertaking from Ms Lisa O'Reilly, secretary, of Kerdiff Avenue, Naas, Co Kildare, not to dissipate her assets below £25,000.
Ms O'Reilly, who was stated to be a former live-in girlfriend of Mr Kilbane's and a director of Eastgrange Investments, denied having ever been a director of the company or having any knowledge of Eastgrange Investments or the nature of its business.
Mr Paul Greene, counsel for Ms O'Reilly, said his client had no difficulty in giving the court that undertaking and submitted that no order should be made against her. While she intended selling her property at Manor Villas, Harold's Cross, Dublin, it was her intention to reinvest the proceeds in another property in Terenure. She had specifically instructed her estate agents there was no rush to sell the Harold's Cross property.
Ms Bernadette Donnelly claimed the defendants owed her £20,000 and interest. She had numerous conversations with Mr Kilbane concerning the amount owing to them but had received nothing other than an acknowledgement of the debt. She told the court she believed the defendants intended to deal with their property in such a manner as to frustrate any attempt by her to secure payment of the sums owing to her.
Mr MacCabe said his client had learned it was the intention of Mr Kilbane to sell his property at The Downings, Prosperous, Co Kildare. Ms Donnelly said she believed a judgment had been obtained against Mr Kilbane and his wife, Ms Tara Nagle, for £44,234 in favour of the Bank of Ireland. Neither had entered a defence in court.
Mr MacCabe told the court there had been what could only be described as unprecedented newspaper coverage in the past couple of weeks concerning Eastgrange Investments.
Judge Dunne said that, in making the orders and recording the undertaking of Ms O'Reilly, she accepted the denial in the strongest terms of Ms O'Reilly, as outlined by her counsel Mr Greene, of all of the allegations which had been made in court.
She said she took all of the matters raised about newspaper coverage relating to Mr Kilbane with a pinch of salt since no such evidence was formally before the court on sworn affidavit.
