Dunne appeal ‘to take more than day’

Sean Dunne is anxious for a speedy hearing of his appeal against a decision permitting a dual bankruptcy process concerning him to proceed here and in the US.

The central issue in the developer’s Supreme Court appeal against the High Court’s rejection of his bid to have his Irish bankruptcy set aside is whether there can be a dual bankruptcy, his counsel Bill Shipsey yesterday told the court.

Mr Dunne contends there cannot be a dual bankruptcy and wants his appeal heard quickly, as there is no stay on matters in the bankruptcy pending that appeal and Mr Dunne was very anxious not to be prejudiced in that regard, he added.

Mr Shipsey also observed that a protocol appeared to have been put in place concerning Mr Dunne’s bankruptcy and said his side had not seen that.

While Mr Dunne was raising other issues in the appeal, including that he was not properly served with the Irish bankruptcy proceedings, Mr Shipsey said he was confident the appeal could be heard over one day.

Bernard Dunleavy, counsel for Ulster Bank, which brought the application to have Mr Dunne adjudicated bankrupt here over unpaid loans of some €161m, said he believed the appeal would extend to two days given the issues raised and submissions filed.

Mark Sanfey, for Chris Lehane, the official assignee managing Mr Dunne’s bankruptcy, said his client would not be playing a substantive role in the appeal.

The Supreme Court had previously indicated, if the appeal would finish within a day, that made it more likely to get an early hearing date.

Ms Justice Susan Denham yesterday said she did not think the appeal could be heard in a day and made directions relating to filing of legal submissions by May 29 after which a hearing date will be fixed.