IIB BANK is still unable to locate struck-off solicitor Thomas Byrne in order to serve legal proceedings on him aimed at recovering some of a €9 million debt due to the bank, a judge was told yesterday.
However, it was stated that according to various media and other reports, Mr Byrne is currently living at an address in Skerries, Co Dublin.
Yesterday, Cian Ferriter, for IIB, told Mr Justice Peter Kelly the bank believes Mr Byrne has not left the country.
It appeared from media reports that he was in contact with gardaí, although gardaí had refused to give details to the bank, counsel said.
Mr Byrne appeared to have "no intention of engaging with the legal proceedings", Mr Ferriter said. In those circumstances, he wanted the court's permission to serve notice of the case on Mr Byrne via a press advertisement.
Mr Justice Kelly directed in the High Court that the bank could serve notice of the legal proceedings via an advertisement in The Irish Times.
The judge said the bank had "clearly exhausted" all possible avenues to find Mr Byrne, including getting a private investigator and contacting the Garda and the Law Society.
It was "a bit unhelpful" of the police not to indicate to the bank if they were in contact with Mr Byrne, the judge added. He adjourned the proceedings for two weeks.
The judge made the comments after Mr Ferriter updated the court on the bank's efforts, via a private investigator, to find Mr Byrne.
Mr Byrne had attended before the High Court in recent months in connection with proceedings against him by the Law Society, which culminated last month in an order striking him off the roll of solicitors and fining him €1 million.
His practice at Walkinstown Road, Dublin, has also been closed by the society.
From late last year, he has not attended or been represented before the Commercial Court to defend a multiplicity of proceedings brought against him by various financial institutions, including IIB, seeking to recover multi-million euro debts.
However, he has entered a defence in proceedings involving himself and a property developer, John Kelly, of Hunter's Moon, Kilquade, Co Wicklow.
Yesterday, Mr Ferriter said there was no apparent sign of Mr Byrne at his address at Lad Lane, Baggot Street, Dublin. There was also no indication the premises were being offered for sale.
Despite extensive press reports of the bank's failure to find Mr Byrne, he had still not made his whereabouts known to the bank, counsel said.
He added that, following airport checks, there was no evidence he had fled the country and the bank did not believe he had.
When the judge remarked there were different ways to leave the country, Mr Ferriter said the media had reported that Mr Byrne was in touch with gardaí. However, gardaí had declined to give his side any information about such contacts.
IIB has brought its proceedings against Mr Byrne, and another solicitor, Donal Corrigan, over a property in Dublin valued at some €1 million.
The bank claims the property at Crumlin Village, Crumlin, was advanced as part-security, along with several other properties, for a €9 million loan made by it last year to Mr Byrne.
The action is an effort to enforce judgment for some €9 million obtained by it last November against Mr Byrne after he defaulted on the loan, which was approved by the bank in August last year and drawn down in September.
The proceedings have also been brought against Mr Corrigan, with an address at The Matrix, Churchtown, Dublin, as Mr Corrigan is claiming he has a priority interest in the Crumlin property and has declined to yield up possession of the premises.
Mr Corrigan claims he assigned his interest in the property to Mr Byrne in September 2007 for €800,000 and received a cheque for that amount, which was later dishonoured.
The bank contends the assignment was handed over by Mr Byrne to its solicitors as security when it advanced the €9 million loan to Mr Byrne and that Mr Byrne had represented to it that he was the owner of the Crumlin Village premises and had leased it to Mr Corrigan.
It says Mr Corrigan had informed it that a purported lease document for the premises was not executed by him and that a signature on it purporting to be his was a forgery.
