AIB looking to humiliate Tony O’Reilly, judge told

 wants to “humiliate and embarrass” him by requiring he swear a further statement as to his assets and liabilities, the Commercial Court has heard.

Bernard Dunleavy, counsel for Mr O’Reilly, said it was “a disreputable application” and should be rejected. However, Mr Justice Brian McGovern said he would require the 79-year-old, who recently underwent back surgery in New York, to swear a new affidavit by September 9.

The case arises out of AIB’s efforts to recover monies owed to it by Mr O’Reilly following a €22.6m judgment entered against him last June in favour of the bank. His total indebtedness to AIB now stands at €15m.

Mr Dunleavy said his client was confined to bed in New York, was on round-the-clock painkillers, and two medical reports presented to court had not been challenged by AIB. The bank asked the court to order him to swear an affidavit within three weeks but Mr Justice McGovern said he would give him three months.

The judge said he unreservedly accepted Mr O’Reilly was incapacitated and could not travel to this jurisdiction for some time following his back surgery.

However, he did not think this prevented him from dealing with the bank’s application. This was in circumstances where he has also instructed professionals in the Bahamas, where he has a home, to bring proceedings in relation to an application in the courts there for a personal insolvency arrangement.

Mr Dunleavy said he would be taking instructions on whether to appeal the judge’s order. The Bahamian courts were yesterday due to hear an application on behalf of Mr O’Reilly for a stay on the appointment of a receiver over his assets, Mr Justice McGovern was told.