Sean Dunne ordered to provide bankruptcy official with home address

Developer and businessman Sean Dunne has been ordered by the High Court to provide his current home address to lawyers representing the official in charge of his bankruptcy.

The orders was granted by Ms Justice Teresa Pilkington, who said Mr Dunne has until 1pm on Friday (March 13th) to furnish those details to the representatives of the Official Assignee (OA) Mr Chris Lehane.

The order was sought by Mr Lehane's lawyers arising out of an allegation that the Co Carlow born developer is not complying with a Court order order to pay €7,000 monthly to increase the assets available for his creditors.

That order was made by Ms Justice Caroline Costello in 2018, after the judge extended Mr Dunne's bankruptcy, who directed that he make payments of €7,000 monthly, starting from September 25th 2018 and ending on May 25th 2021 next.

As a result of Mr Dunne's alleged failure to comply with the 2018 order Mr Lehane has brought a motion requiring that Mr Dunne come before the court to answer his alleged contempt.

The matter was briefly mentioned before Ms Justice Teresa Pilkington at the High Court today.

Edward Farrelly SC for the OA told the court issues had arisen over the provision of Mr Dunne's home address to his cleint.

Counsel said an undertaking had been given by Mr Dunne's former lawyers, who earlier this week had ceased representing Mr Dunne, to provide the home address to the OA, but this had not occurred.

Counsel said under the 1988 Bnakruptcy Act a bankrupt must provide their home address or current address to the OA.

Any failure to comply could result in a second motion for attachment and committal being brought against Mr Dunne, counsel said.

The OA had an email address for Mr Dunne which counsel said was working as he had replied to correspondence sent to him by the OA.

Counsel said that in an email it appeared that Mr Dunne intended to challenge the court's jurisdiction to consider the motion to attach and commit the businessman.

The only other address they had for Mr Dunne was a postal address of a used car business in Berkshire in England.

A solicitor with OBH Partners, who had previously represented Mr Dunne in his Irish bankruptcy proceedings, told the court they could not comply with an undertaking previously provided to the court to give the OA Mr Dunne's home address.

This was because he had not consented to it being furnished to the OA.

The solicitor said Mr Dunne, who was not present in court yesterday had concerns about his family's privacy. He asked the court if it would accept an email from their former client.

However Ms Justice Pilkington, acknowledging the "rock and the hard place" situation OBH found itself in, but refused to accept or hear any details contained in the email.

If Mr Dunne wanted he could swear an affidavit to the court himself, the Judge said.

Mr Farrelly told the court that if Mr Dunne's home address was furnished to the solicitors acting for the OA, it would not be placed on the public file in the Examiner's Office.

The Judge agreed to adjourn the matter to a date later this month.

The contempt proceedings are the latest in what has been a long running battle between Mr Dunne and bankruptcy officials in both Ireland and the United States.

Mr Dunne was adjudicated bankrupt in 2013 on foot of an application by Ulster Bank after he had defaulted on some €164m loans.

That same year Mr Dunne filed for bankruptcy in Connecticut in the United States when he claimed to have debts of $1bn and assets of $55m and a US bankruptcy trustee was appointed by a US court.

Mr Dunne was due to exit his Irish bankruptcy in 2016.

However in 2018 the High Court extended Mr Dunne's bankruptcy by 12 years after a judge deemed that he had no co-operated with the OA,

Mr Dunne opposed the proposed extension.