O’Donnells in fresh bid to overthrow bankruptcy

Solicitor Brian O’Donnell and Dr Mary Patricia O’Donnell were adjudicated bankrupt by High Court in August 2013

Solicitor Brian O’Donnell and his wife have launched fresh proceedings seeking to have their bankruptcy annulled.

Mr O’Donnell and Dr Mary Patricia O’Donnell were adjudicated bankrupt by the High Court in August of 2013 on the petition of Bank of Ireland after they failed to satisfy a judgment for €71.57 million.

That judgment was obtained by BofI in December 2011 after they failed to repay loans advanced by the bank.

The couple, who had extensive property interests in Ireland and overseas, opposed BofI’s application on grounds including Ireland is not their main centre of interests.

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On Monday, Mr O’Donnell told the High Court he has brought an application to have that adjudication annulled on grounds including the loans at issue were provided by Bank of Ireland Private Banking which, he alleges, has no banking licence.

Partially heard appeal

Mark Sanfey SC, for BofI, said the new application was an attempt to usurp the O’Donnells’ partially heard appeal against their adjudication of bankruptcy.

The new application could not succeed on grounds including the couple had used the €71m judgment against them as the basis for seeking to be adjudicated bankrupt in the UK, counsel argued. That application was rejected by the English courts, he added.

Counsel said allegations by the O Donnells in a sworn statement against a number of people in the bank were “a complete nonsense”.

Ms Justice Caroline Costello dismissed the O’Donnell’s application to have their application heard straight away. Noting the couple’s Supreme Court appeal is still in being, the judge said she would adjourn the matter to March.