Barrister takes 'improper conduct' action against judge

A BARRISTER has brought a High Court action alleging a District Court judge engaged in “entirely improper” and unfair conduct when granting an application by a firm of property consultants for a certificate to conduct an auctioneering business.

Brendan Kilty SC, also a quantity surveyor, claims Judge Cormac Dunne failed to disclose, when hearing the application by Campion Property Consultants Ltd between late 2009 and early this year, that the solicitor acting for Campion – Rory O’Donnell of Eversheds O’Donnell Sweeney – was allegedly also Judge Dunne’s solicitor.

Mr Kilty, Usher’s Island, Dublin, said he only discovered about last February that Eversheds acted for Judge Dunne in Commercial Court proceedings brought against the judge and his son in 2009 seeking €7.2 million over alleged failure to complete a property contract.

He believed that throughout the Campion Property Consultants hearings before Judge Dunne, the judge had an undisclosed connection with Eversheds – the object of Mr Kilty’s criticism.

Campion Property Consultants previously acted for Mr Kilty in relation to sale of his property at Sandycove in 2004 while Mr O’Donnell was also Mr Kilty’s solicitor at that time. It later sued Mr Kilty over non-payment of fees but the High Court in May 2009 ordered him to pay it €356,000 fees after rejecting claims by him about its handling of the sale, including that it had colluded to sell the property at an undervalue to a consortium led by Mr O’Donnell. Mr Kilty is appealing that decision.

Mr Kilty this week secured leave from Ms Justice Mary Laffoy to bring judicial review proceedings against Judge Dunne, with Campion as a notice party.

The action is aimed at quashing the certificate granted to Campion under the Auctioneers and House Agents Act 1942.