Ulster Bank resolves dispute with developer over ‘sensitive’ documents

ULSTER Bank has resolved a dispute with a property developer over his alleged intention to exhibit the contents of three “sensitive and confidential” bank documents in court proceedings.

The bank had on February 20 last secured an interim order restraining developer John Kelly, of Hunter’s Moon, Kilquadew, Co Wicklow, exhibiting the documents.

When the proceedings came back before Mr Justice Peter Kellyyesterday, the judge was told by Jim Phillips, for the bank, the matter had been resolved on terms which the parties had agreed would be confidential.

The terms were handed into court and the judge, on consent of Mr Phillips and John O’Donnell SC, for Mr Kelly, struck out the injunction proceedings. He was also told items given to the court in a sealed envelope could be returned to Ulster Bank.

When the matter was before the judge last month, Mr Phillips said the bank had no idea how Mr Kelly had procured either the internal and confidential documents themselves or copies of those but it was very concerned about the matter.

It had been indicated to the bank Mr Kelly intended to exhibit the documents in relation to court proceedings brought by the bank, counsel said.

Counsel said the documents — which include memos — refer to named persons, including a person who is subject of a Garda criminal investigation and bank officials and also contain the bank’s observations on a number of persons.

The bank was concerned Mr Kelly might exhibit the documents in proceedings where the Bank in late January secured conditional orders of garnishee — charging orders — on VAT refund payments apparently due to Mr Kelly from the Revenue.