Date for hearing €19.4m application due

Tue, Mar 13, 2012, 00:00

A DATE may be fixed next month for the full hearing of an application by the former Anglo Irish Bank for €19.4 million in judgment orders against businessman Johnny Moran over personal guarantees provided by him concerning his Holiday Inn hotel and Blarney Inn pub businesses in Dublin.

Mr Justice Peter Kelly previously ruled that the bank was not entitled to summary judgment orders against Mr Moran after finding he had made out an arguable defence to its claim.

The judge directed that the case should go to a full plenary hearing, and the matter will return before him for directions late next month when a hearing date may be fixed.

In refusing summary judgment, Mr Justice Kelly said there were considerable conflicts in the affidavits which could not at this stage be resolved by the court. He also awarded half of the costs of the summary judgment application to Mr Moran against the bank on grounds related to how the bank conducted that application.

Mr Moran has also brought a counter-claim on grounds including alleged fraudulent misrepresentation arising from aspects of the conduct of the bank’s affairs leading up to its nationalisation in 2008.

Mr Moran has raised issues concerning the authenticity of key documents relied on by the bank for its claim and about the manner in which his Holiday Inn and Blarney Inn businesses have been run since receivers were appointed to them by the bank, now the Irish Bank Resolution Corporation, in January 2011.

He claims the conduct of the businesses had significantly devalued their asset value and profitability.

In separate proceedings, various companies of Mr Moran are challenging the appointment by Anglo in December 2010 of receivers over premises held by the companies, including the Holiday Inn hotel, Pearse Street, Dublin.