BANK OF Ireland’s court examination of solicitor Brian O’Donnell about his assets as part of the bank’s bid to enforce a €75 million judgment has been adjourned on terms including his agreement to produce a range of documents, including original documents related to trusts that the bank claims are invalid.
Mr O’Donnell has been examined over five days to date and the bank claims he has failed to comply with an order to discover a range of documents, including material relating to companies, trusts and bank accounts.
He denies that and says he has done his best to discover the documents within the resources available to him, time constraints and pressures resulting from his involvement in bankruptcy proceedings and other litigation.
At the Commercial Court on Thursday, Mr Justice Peter Kelly rejected Mr O’Donnell’s application to adjourn the examination or to place a stay on other proceedings involving Mr O’Donnell, his wife and their four adult children.
Mr O’Donnell claims the continued examination was unfair when the bank had also brought bankruptcy and other proceedings against him.
The bank denied any unfairness and described as “laughable” Mr O’Donnell’s argument the examination was further reducing assets available to his creditors.
Refusing the adjournment, Mr Justice Kelly said he believed Mr O’Donnell had given evidence at times “unsatisfactory” and at times “incredible” but could yet redeem himself by giving frank and straightforward answers to questions.
When the examination was due to resume yesterday, Paul Gardiner SC, for the bank, said the sides had agreed it could be adjourned on signed terms including Mr O’Donnell’s agreement to discover and disclose certain documents by July 23rd. If that was done, there may be no need for the examination to resume at all, counsel added.
The adjournment was on the basis the bank continues to maintain Mr O’Donnell had not complied with the court’s order for discovery of documents while he insisted he was not in breach, counsel said. Mr Justice Kelly said he would retain the signed agreement in court and adjourned the matter for mention on July 25th.
