High Court starts hearing submissions in Sean Dunne bankruptcy case

By Ann O'Loughlin

Sean Dunne has gone to court in a bit to get access to documents in advance of the hearing of the official assignee’s application for an extension of his bankruptcy.

Ms Justice Caroline Costello today began hearing submissions on both sides on the discovery application before the High Court.

Bill Shipsey, SC for Mr Dunne, said his side were seeking three categories of documents including certain correspondence relevant to an application by the official assignee Chris Lehane for the extension of Mr Dunne’s Irish bankruptcy to the maximum term of eight years.

Some of the correspondence sought by the Dunne side includes all correspondence between the official assignee Mr Chris Lehane and the US Trustee in Bankruptcy between 2013 and the end of last year.

Ulster Bank petitioned the High Court in February 2013 to have Mr Dunne adjudicated bankrupt here over default on some €164 million in loans.

The following month, Mr Dunne filed for bankruptcy in Connecticut, US, when he claimed to have debts of $1 billion and assets of $55 million. In July 2013, he was adjudicated bankrupt here.

Mr Lehane in 2016 initiated the bankruptcy extension application over alleged non-co-operation by Mr Dunne with him. Mr Dunne denies that.

Mr Dunne’s Irish bankruptcy was temporarily extended pending the outcome of the full hearing concerning whether any extension should be granted.

Today, Mr Shipsey said the position of Mr Dunne is that he disclosed all his assets in his statement of affairs in relation to his US bankruptcy and there are no other assets other than those disclosed.

Counsel said it was essential his side got the documents that underpin the official assignee’s belief that Mr Dunne allegedly failed to co-operate.

Mark Sanfey, SC for the official assignee, said there is a major concern at how wide the categories of discovery sought by the Dunne side are.

Counsel said it has all the hallmarks of a fishing expedition.

The case before Ms Justice Costello continues on Wednesday.