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Supreme Court to hear developer's appeal over ex business partner's insolvency agreement

Summary

The Supreme Court has agreed to hear an appeal by developer Michael O'Flynn against a ruling that barred him from objecting to a Personal Insolvency Agreement (PIA) entered into by former business partner John O'Driscoll. O'Flynn alleges that O'Driscoll owes him more than €750,000 and that O'Driscoll was not insolvent when the PIA was granted. He claims he advanced a loan to a pub business in which O'Driscoll was involved, and that O'Driscoll became a signatory to a €2.2 million loan guarantee in favour of O'Flynn and a shareholder in the business. O'Driscoll denies the insolvency claim and insists his PIA should remain undisturbed. The High Court had previously ruled that O'Flynn lacked locus standi because he did not file a proof of debt.

Who, what, where, when and why

What: Report matter: Supreme Court to hear developer's appeal over ex business partner's insolvency agreement. Procedural stage: hearing_or_decision

When:

• 2023-02-07 Publication

Why: Mr Justice Alexander Owens agreed that Mr O'Flynn lacked the locus standi to be heard because, despite being invited by Mr O'Driscoll's Personal Insolvency Practitioner to file a proof of debt, he did not do so. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report