Date for McFeely bankruptcy case

AN application to have Priory Hall developer Thomas McFeely declared bankrupt has been scheduled for January 16 after he agreed to accept summons papers in court.

The developer had claimed a summons issued on behalf of Theresa McGuinness, of Rush, Co Dublin, had not been appropriately served.

Ms McGuinness is seeking to have Mr McFeely declared bankrupt after she secured an award against his company, Coalport Ltd, in 2009.

Ms McGuinness told the court yesterday she had engaged Mediation Services in Maynooth to serve Mr McFeely with papers. She said she was satisfied this had been done on October 21 last, but was not in a position to call the summons’ server to give evidence as he is no longer in the jurisdiction.

The court heard from subpoenaed witness Dyane Connor, courts correspondent with TV3. She said on October 21, she exited the Four Courts and put questions to Mr McFeely, of Ailesbury Road, Ballsbridge, in relation to a separate case.

She said she saw Mr McFeely getting into a taxi when a man knocked on the window and handed him a newspaper.

She said: “Mr McFeely took hold of the news-paper and the man pulled it back and there was an envelope underneath. Mr McFeely took hold of the envelope and the man said: ‘you’ve been served’ and Mr McFeely threw the envelope on the pavement.”

Martin Hayden, for Mr McFeely, said that was not evidence of service and had shown Mr McFeely had not even opened the document.