Setback in businessman's attempt to bring private prosecution against two IBRC officials for alleged deception
A SUPREME Court challenge has been launched aimed at blocking a Dublin hotelier's attempt to privately prosecute officials at IBRC for alleged deception.
Mary Kelly and Declan Buckley, who has since retired from the Irish Bank Resolution Corporation (IBRC), face a possible prosecution at Dublin District Court which has been brought privately by businessman 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 in 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 February 17 last year.
An attempt had been made in the High Court to halt Mr Halpin's action on the grounds that it was frivolous and vexatious.
Ms Kelly is a case manager with the banks' Recovery Management Division, and Mr Buckley is a former employee of IBRC, where he had held a position of Director of Banking.
In July this year, at Dublin District Court, Mr Halpin, representing himself, told Judge John O'Neill that the High Court had ruled in his favour.
Today a lawyer for Ms Kelly and Mr Buckley told Judge O'Neill that there is an injunction in place restraining the district court proceedings. A book of appeal in relation to the High Court ruling has already been lodged with the Supreme Court.
Mr Halpin came to the district court this morning but had to leave to go to other proceedings before his case was called.
Judge O'Neill noted that adjourning matter in the businessman's absence did not prejudice him in any way. The district court case was put back until a date early in the New Year pending the Supreme Court action.