Courts / Dublin / Report
Bid by O'Donnells to have bankruptcy annulled to be heard on Thursday
Summary
An application by Brian O'Donnell and his wife Mary Patricia to annul their bankruptcy, adjudicated in 2013 and confirmed by the Supreme Court, is scheduled for Thursday, March 26th. The couple argues the loans were provided by Bank of Ireland Private Banking, an entity they claim lacks a banking licence, rendering the transactions illegal. Bank of Ireland opposes the application, arguing the matter was fully resolved in previous High and Supreme Court proceedings. Ms Justice Caroline Costello directed that Dr Mary Patricia O'Donnell attend the hearing. Additionally, applications brought by the O'Donnell children, including a motion to set aside a search warrant for their Gorse Hill property, are also due before the court on Thursday. The Official Assignee, Chris Lehane, has applied for leave to cross-examine the children. Separately, the O'Donnells are due before the Court of Appeal on Tuesday regarding an appeal against a finding that they are trespassing at Gorse Hill, a decision made by Mr Justice Brian McGovern. The receiver, Tom Kavanagh, seeks to sell the property to satisfy part of the debt. In related proceedings, Mr Justice Brian Cregan adjourned the receiver's claim for damages against the four children for lost rent, estimated at €12,500, to April 27th. Commercial Court proceedings involving the O'Donnells were also adjourned to the same date.
Who, what, where, when and why
What: Report matter: Bid by O'Donnells to have bankruptcy annulled to be heard on Thursday. Procedural stage: appeal
When:
- December 2011 Hearing Or Sentence
- Thursday March 26th Hearing Or Sentence
- April 27th Adjournment
- 2015-03-23 Publication
Case subjects
Applicant
Outcome: Also today, proceedings in which the receiver is seeking damages against the four children for lost rent of Gorse Hill, arising from their ultimately unsuccessful challenge to the claim for possession, were adjourned by Mr Justice Brian Cregan to April 27th.
Places mentioned
- High Court
- Supreme Court
- Court of Appeal
Topics
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