IIB Bank has still been unable to find struck-off solicitor Thomas Byrne in order to serve legal proceedings on him aimed at recovering some of a €9 million debt due to the bank, a court has heard.
However, according to various media and other reports, Mr Byrne is living at an address in Skerries, Co Dublin.
Cian Ferriter, counsel for IIB, told Mr Justice Peter Kelly in the High Court today the bank believes Mr Byrne has not left the country. It appeared from media reports that he was in contact with gardaí, although gardaí had refused to give details to the bank, counsel said.
Mr Ferriter said there was no apparent sign of Mr Byrne at his address at Lad Lane, Baggot Street, Dublin. There was also no indication that the premises was being offered for sale.
Despite extensive press reports of the bank’s failure to find Mr Byrne, he had still not made his whereabouts known to the bank, counsel said.
Mr Byrne appeared to have “no intention of engaging with the legal proceedings”, Mr Ferriter said. In those circumstances, he wanted the court’s permission to serve notice of the case on Mr Byrne via a press advertisement.
Mr Justice Kelly directed that the bank could serve notice of the legal proceedings via an advertisement in The Irish Times.
The judge said the bank had “clearly exhausted” all possible avenues to find Mr Byrne, including getting a private investigator and contacting the Garda and Law Society.
It was “a bit unhelpful” of the police not to indicate to the bank if they were in contact with Mr Byrne, the judge added. He adjourned the proceedings for two weeks.
IIB has brought its proceedings against Mr Byrne, and another solicitor, Donal Corrigan, over a property in Dublin valued at some €1 million.
The bank claims the property at Crumlin Village, Crumlin, was advanced as part security, along with several other properties, for a €9 million loan made by it last year to Mr Byrne. The action is an effort to enforce judgment for some €9 million obtained by it last November against Mr Byrne after he defaulted on the loan, which was approved by the bank in August last year and drawn down in September.
The proceedings have also been brought against Mr Corrigan, with an address at the Matrix, Churchtown, Dublin, as Mr Corrigan is claiming he has a priority interest in the Crumlin property and has declined to yield up possession of the premises.
Mr Corrigan claims he assigned his interest in the property to Mr Byrne in September 2007 for €800,000 and received a cheque for that amount that was later dishonoured.
