ACC BANK is seeking summary judgment for some €1.4 million against musician Jim Corr arising from a loan advanced to him and others in 2004 to buy lands at Goresbridge, Co Kilkenny.
At the Commercial Court yesterday, the bank secured summary judgment for €1.4 million on consent against Liam Marks, the Coach House, Sandymount, Blackrock, Dundalk, arising from the same loan. Mr Marks, who was in court, told Mr Justice Peter Kelly he was consenting to judgment.
Mr Justice Kelly transferred the bank’s proceedings against Corr, Sharman House, Old Windmill Road, Crawfordsburn, Bangor, Co Down, to the Commercial Court and returned the matter to Friday when Corr’s counsel, Ciaran Lewis, will outline the nature of any proposed defence to the bank’s claim.
Mr Lewis said he had just come into the case and needed time to read the papers and take instructions.
The case arises from a €1.2 million loan advanced to Corr and Mr Marks in November 2004 to assist in purchasing some 97 acres of non-residential lands at Gorebridge, Co Kilkenny.
The bank said Philip Marks, son of Liam Marks, was also a party to the letter of loan sanction but it was unsure of his whereabouts, having heard reports he is living in Hong Kong.
Once it ascertains Mr Marks’s whereabouts, it intended to also bring proceedings against him, the bank said.
Yesterday, Bernard Dunleavy, for ACC, said there had been unsatisfactory talks in relation to the loan amounts outstanding from the defendants and the bank had in June 2010 demanded payment.
It later issued the legal proceedings.
Due to difficulties effecting personal service on Corr of the proceedings, the bank last September obtained leave from the High Court to effect service of the proceedings on him via ordinary post and service was effected in that manner in October 2010.
The court also heard of unsuccessful efforts to sell the lands at Goresbridge which are secured to the bank. An auction last November to sell the lands had not been a success, it was stated.
Noting the considerable problems in effecting service of the proceedings on Corr, Mr Justice Kelly agreed to transfer the case against the musician to the Commercial Court list.
He said he would give counsel for Corr a brief period to take instructions as to whether a defence would be advanced and listed that matter for Friday.
