Boom-time developer Seán Dunne has said it would be “beyond bizarre” for the High Court to strike out his application challenging the appointment of two officials overseeing his bankruptcy.
Lawyers for the bankruptcy officials and head of the Insolvency Services of Ireland, Michael McNaughton, have raised a preliminary objection to various motions brought by Mr Dunne (70).
Lyndon MacCann SC, with Úna Nesdale, said Mr Dunne’s application was brought in a procedurally improper way and should have come by way of plenary summons.
[ Bankruptcy officials object to Seán Dunne’s challenge to their appointmentOpens in new window ]
If he is successful on this legal point, Mr Dunne’s entire challenge could be disposed of, Mr MacCann submitted to the court.
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Mr Justice Liam Kennedy said he will rule on the preliminary objection “as soon as possible”. He scheduled for the case to return to court in two weeks.
Earlier, he refused Mr Dunne’s request for him to recuse himself from the case, saying there was “no basis” for such a move. The judge said he would explain this decision in a written ruling to follow.
Mr Dunne claimed the judge is a former equity partner in law firm A&L Goodbody, who acted “against me” in a previous case.
Two judges – Mr Justice Garrett Simons and Ms Justice Nuala Jackson – have already recused themselves from hearing the case.
Mr Dunne was declared bankrupt in 2013, owing hundreds of millions of euro to the banks.
He is not due to exit bankruptcy until 2028, as the High Court extended his term due to his non-co-operation with bankruptcy officials and his non-disclosure of information about assets.
Mr Justice Kennedy proceeded on Monday to hear the preliminary objection to Mr Dunne’s challenge to the appointment of former official assignee Chris Lehane and his successor, Ian Larkin.
Contesting this, Mr Dunne said he did not believe Mr Larkin could “launch a strikeout on procedural grounds” without proving he was validly appointed. Representing himself in court, Mr Dunne said the officials had failed to produce sufficient documentation proving their appointments.
He said Mr Larkin relied on a “useless” three-line letter on Insolvency Service of Ireland-headed paper to approve his appointment. This letter did not say who appointed him, said Mr Dunne.
He said it was “strikingly obvious” to him that the officials did not have the documentation to prove their appointments.
He said he had a simple motion asking for the production of appointment papers. “The taxi driver who brought me here; he has his licence up on his window,” he said.
He asked the court not to delay his case, as he continues to have his “economic liberty imprisoned” while in bankruptcy. He said it was in “everyone’s interests” for it to proceed.
The developer’s claims are denied, and Mr MacCann said that if Mr Dunne had proceeded by way of plenary action, like every other citizen was required to do, it would be “up and running” by now.
Mr MacCann and Ms Nesdale also represent solicitors Clark Hill, who acted for the bankruptcy officials.
The case returns on November 25th.
Among various motions Mr Dunne hopes to bring is one to join the Minister for Justice to the case and others seeking various documents from the Insolvency Services of Ireland.
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