Businessman must pay legal costs to bank

A Cork businessman, Mr Denis "Starry" O'Brien, was ordered by a taxing master of the High Court yesterday to pay £10,500 legal…

A Cork businessman, Mr Denis "Starry" O'Brien, was ordered by a taxing master of the High Court yesterday to pay £10,500 legal costs to Anglo-Irish Bank Corporation (AIBC). The bank had funded the purchase by a company of land for a housing development at Carrigaline, Co Cork.

Last February, Astra Construction Services Ltd, which is developing the site at Heron's Wood, Carrigaline, secured orders against Examiner Publications (Cork) Ltd and Mr O'Brien, of Ballyharroon House, Glanmire, arising out of an Irish Examiner report on February 16th. This restrained them from publishing anything which might be defamatory of Astra and slanderous of the company's title to its development.

Mr Stephen McCarthy, Astra managing director, said in February when Astra sought to be registered as owners of the land Mr O'Brien objected against it and AIBC.

Yesterday, taxing master Mr Charles Moran said AIBC was seeking its legal costs following High Court orders in 1999 in relation to a motion which the bank brought against Mr O'Brien and also regarding the costs of preparing a defence to Mr O'Brien's action, which he had then discontinued.

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Mr O'Brien said it was extraordinary this claim for costs should surface now when he was making certain claims. "I do not have any doubts that they just want me to disappear off the face of the earth." These costs were "small peanuts" to AIBC and it would not be prejudiced if there was an adjournment pending High Court hearings on May 15th and May 25th.

Mr Moran said he had given three adjournments already to Mr O'Brien and had made the fourth peremptory. He made an order for costs in favour of the bank but granted a 21-day stay to allow Mr O'Brien to lodge objections if he wished.