An attempt to halt a Dublin hotelier’s private prosecution against officials at the IBRC for alleged deception has failed, a judge was told yesterday.
Mary Kelly and Declan Buckley, who has since retired from IBRC, face a possible prosecution at Dublin District Court, which has been brought privately by Patrick Halpin.
Mr Halpin is a director of Crossplan Investments Ltd and Elektron Holdings Limited of Aberdeen Lodge, Park Avenue, Sandymount, Dublin 4.
IBRC (now special liquidation) appointed a receiver to both his companies, which are involved in the hotel business — including the Merrion Hall boutique hotel/guesthouse in Dublin 4 — as a result of alleged default of loans of €23m.
However, Mr Halpin has had summonses issued against both Ms Kelly and Mr Buckley.
He is alleging that they, by deception, falsely represented to him that IBRC was prepared to continue in a process that would allow Elektron Holdings Ltd to stay trading, on Feb 17 last year.
An attempt had been made in the High Court to halt Mr Halpin’s action on grounds it was frivolous and vexatious.
Ms Kelly is a case manager with the bank’s recovery management division, and Mr Buckley is a former employee of IBRC, where he was director of banking.
At Dublin District Court yesterday, Judge John O’Neill was told by a lawyer for the defendants that the High Court had extended a stay on the prosecution until Oct 15.
A written High Court judgment is to be given next week and the issue of costs is to be dealt with, the lawyer told Judge O’Neill.
However, Mr Halpin, representing himself, told Judge O’Neill this was “slightly misleading” and contended that the High Court last week ruled in his favour and the case was listed again next week for the written decision to be given.
© Irish Examiner Ltd. All rights reserved