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Gayle Killilea bids to halt proceedings over property transfers

Summary

An application by Gayle Killilea Dunne to halt High Court proceedings over property transfers has opened before Mr Justice Brian McGovern. The case stems from the 2013 bankruptcy adjudications of her husband, developer Sean Dunne, in both Ireland and the United States. Official assignee Chris Lehane, acting for Dunne's Irish bankruptcy, brought proceedings alleging fraudulent transfers of assets between the couple in 2005 and 2008. These assets include interests in the "Lagoon Beach" hotel in Cape Town and shares in an entity named "Mavior." Ms Dunne, represented by John O'Donnell SC and Alan Doherty SC, argues the Irish action duplicates US proceedings and should be discontinued under the doctrine of forum non-conveniens. Counsel contended that the US is the sole appropriate jurisdiction for administering the estate. Mr Lehane, represented by Mark Sanfey SC and Paul Gardiner SC, opposes the application, asserting that certain estate issues should be heard in Ireland while others remain in the US. During cross-examination, US attorney Timothy Miltenberger, acting for Chapter 7 trustee Richard Coan, stated that his client was amenable to Irish courts adjudicating on assets outside the US, given the predominantly Irish creditor body. The hearing continues.

Who, what, where, when and why

What: Report matter: Gayle Killilea bids to halt proceedings over property transfers. Procedural stage: hearing_or_decision

When:

• 2005 and 2008 Other
• 2018-05-09 Publication

Why: In her pretrial motion, she claims Mr Lehane's proceedings are unfair because they cover the same grounds as proceedings that have been brought in the US. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report