Judge ruled motions by now bankrupt boom-time developer were procedurally flawed
The High Court has dismissed various motions brought by former developer Seán Dunne in his efforts to dislodge officials overseeing his bankruptcy. Photograph: Douglas Healey
Mr Justice Liam Kennedy said Mr Dunne failed to bring new proceedings and instead took a procedurally incorrect legal route in seeking to challenge the validity of two officials’ appointments within the original bankruptcy case.He recently issued motions alleging, among other claims, that the legislation used to appoint official assignees to his bankruptcy is unconstitutional.
Ruling on the objection on Tuesday, Mr Justice Kennedy said Mr Dunne’s six motions “must be dismissed” as he took a procedurally flawed route. The judge said it was “not appropriate” to invoke his “inherent jurisdiction” to help Mr Dunne overcome the procedural difficulties. Continuing with the motions in their present form would cause prejudice to the other side, he said.
Represented by Lyndon MacCann SC and Úna Nesdale, the bankruptcy officials argued Mr Dunne should have brought his challenge by way of a plenary summons
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