O'Donnell insolvency in Ireland adjourned
Bankruptcy proceedings against Dublin solicitor Brian O’Donnell and his wife, who are being pursued by Bank of Ireland for some €75 million, have been adjourned at the High Court.
Ms Justice Elizabeth Dunne was told the couple, who recently lost their bid to be declared bankrupt in the UK, are seeking to rescind that refusal.
They were denied the right to appeal by the London high court last month but are bringing proceedings aimed at having the court rescind its own order.
Mark Sanfey SC said the London court had refused the O’Donnells a right to appeal or a stay on its decision but they have invoked a section of the Insolvency Act in a bid to have the court rescind its own order on the basis new evidence should have been before the court at the time.
The matter will be mentioned before the London high court on February 1st, he added.
Before this latest development, the bank was seeking to go ahead with the Irish bankruptcy petition, which has been before the courts here for six months.
The bank still wanted to go ahead with the proceedings but there was now an application before the London courts.
Ms Justice Dunne, granting an adjournment of the Irish proceedings to February 4th, stressed she was not giving “a blanket adjournment” of everything until the appeal is determined and was “not closing or opening any doors” but was putting back the matter to clarify when the London case will be heard.
Mr Sanfey said the O’Donnells had not sworn an affidavit in relation to the Irish proceedings and the bank also wanted to know what steps they have taken to expedite the matter before the London high court.
Ms Justice Dunne said the matters could be answered in correspondence.