Dunne bankruptcy assignee does not have ex-developer’s address

Home address ‘fundamental’ to assessing a bankrupt’s means, assignee says

More than three years after Seán Dunne was adjudicated a bankrupt, the official assignee, Chris Lehane, still does not know where the former property developer lives, according to a court document.

The same is true of Mr Dunne's wife, Gayle Killilea Dunne, Mr Lehane said in an affidavit, now publicly available, prepared as part of a court application to have the period of Mr Dunne's bankruptcy extended. He is not sure if the couple live together.

He said he had no “purient interest” in their personal living circumstances but it was important to his role that he know where a bankrupt lives. It is a “fundamental building block in making an assessment as to a bankrupt’s circumstances”.

Mr Dunne and Ms Killilea Dunne say they should be treated as separated entities, Mr Lehane said in the affidavit.

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“In fact, they appear to work closely together, possibly live together, and she pays his living expenses in so far as I can ascertain.

“I do not know where she lives as she does not disclose it when swearing affidavits,” Mr Lehane said of Ms Killilea Dunne. “Nor do I know where the bankrupt lives despite an obligation on him to notify me of his address.”

Loans default

Ulster Bank petitioned the High Court in February 2013 to have Mr Dunne adjudicated bankrupt here over defaulting on €164 million in loans. The following month, Mr Dunne filed for bankruptcy in the United States, when he claimed to have debts of $1 billion and assets of $55 million. In July 2013, he was adjudicated a bankrupt here.

Mr Lehane said that companies owned by Ms Killilea Dunne pay wages to Mr Dunne, which he then uses to fund legal actions challenging the official assignee. Ms Killilea Dunne’s assets comprise entirely assets her husband gave her before he was adjudicated a bankrupt.

He transferred tens of millions of euro to his wife at a time when he was insolvent and this funds his “lavish lifestyle”, Mr Lehane said.

Mr Dunne gets a salary of €100,000 a year from a company owned by Ms Killilea Dunne, and uses her credit card.

The official assignee said he believed the couple had detailed knowledge of each other's financial activities, as did an accountant, James Ryan, who dealt with their affairs.

The High Court is to decide on whether Mr Dunne’s bankruptcy, which should have ended last July, should be extended.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent