Businessman’s case against Davy and 16 former employees to be settled, court hears

Belfast-based property developer Patrick Kearney is to formally settle his case against J & E Davy and 16 of its former employees over the 2014 onward sale of his Anglo Irish Bank bonds.

The Commercial Court was informed on Tuesday that Mr Kearney’s case has been settled but final court orders have yet to be agreed. It is understood that the settlement will involve Mr Kearney receiving about €2 million, without any liability being admitted.

It is expected that the parties will return to court on Wednesday to seek final orders striking out the case.

A deal has yet to be reached in a counterclaim brought against Mr Kearney by former Davy trader Tony O’Connor alleging Mr Kearney reneged on a profit-share deal.

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Mr Justice Denis McDonald was told no order for costs would be sought against Davy. Costs orders would be sought against the personal defendants except for Mr O’Connor, he heard.

The businessman and his property investment firm, Kilmona Holdings Ltd, sued the stockbroker and the group comprising the so-called O’Connell partnership, including former top Davy executives, who were involved in the controversial trade of junior bonds in failed lender Anglo Irish Bank.

Spokesmen for the O’Connell partnership, Davy and Mr Kearney declined to comment on the value of the settlement or how it would be split among the defendants.

[ Judgment amended in case involving former Davy employees ]

[ Court refuses to strike out Kearney’s claim against former Davy employees ]

Mr Kearney claimed Davy, while acting as his agent in the sale to what he was assured was a third party, had in fact sold them to the partnership which went on to make a secret windfall profit from the onward sale.

His claims were fully denied.

In his case Mr Kearney, represented by Martin Heyden SC and Eamon Marray BL, wanted to set aside a settlement of a 2015 case he brought alleging, among other things, his bonds were sold at an undervalue and there was a conflict of interest on the part of Davy.

That case was settled, with Mr Kearney and Kilmona receiving €1.125 million.

Mr Kearney and Kilmona brought a new action against Davy and members of the O’Connell partnership after the Central Bank fined Davy €4.13 million for regulatory breaches and failures to flag potential conflicts of interest arising from the Kearney/Kilmona bond transaction.

In this he claimed a fraud took place at a December 2015 meeting when the previous case was settled.

Counsel for 15 of the 16, Marcus Dowling SC, previously told the court the partnership made a profit of €9.3 million from the onward sale of the bonds.

The 15 argued there were inconsistencies in Mr Kearney’s allegation that he was induced into signing the 2015 settlement by fraudulent misrepresentation. They also claimed he did in fact know Davy employees were members of the partnership.

All of the claims were denied.

The case is scheduled to return to court on Wednesday.