Gayle Dunne, wife of bankrupt developer Seán Dunne, is asking the High Court to halt proceedings brought against her here over the transfer of South African properties between the couple.
The case relates to Mr Dunne’s 2013 bankruptcy adjudications in both Ireland and the United States,
Chris Lehane, the official in charge of Mr Dunne's Irish bankruptcy, has brought proceedings over the alleged fraudulent transfer of assets in South Africa and Ireland between Mr and Ms Dunne.
Mr Lehane’s action relates to agreements between the Dunnes in 2005 and 2008 to transfer interests to her a number of assets, including a hotel called Lagoon Beach, in Cape Town, South Africa, and shares in an entity called Mavior.
In her pre-trial motion, she claims Mr Lehane’s proceedings were unfair because they cover the same grounds as proceedings brought in the US.
Mr Lehane, represented by Mark Sanfey SC and Paul Gardiner SC, opposes the application and contends certain issues concerning Mr Dunne’s estate should be heard in Ireland while others should be heard by the US courts.
Represented by John O’Donnell SC and Alan Doherty SC, Ms Dunne she claims the action duplicates the US proceedings and should be discontinued.
Jurisdiction
Mr O’Donnell argued there was “a substantial overlap” between proceedings in Ireland and the US, the US is the only jurisdiction where Mr Dunne’s estate can be administered and Mr Lehane has nothing to administer.
The US was the appropriate jurisdiction or forum for the proceedings, he submitted.
Also on Wednesday, Mr Doherty cross-examined US attorney Timothy Miltenberger, who acts for Richard Coan, the Chapter 7 trustee dealing with Mr Dunne's US bankruptcy in the US, about sworn statements he had submitted on US bankruptcy law.
Mr Miltenberger said that, given the matters involve Irish citizens and a creditor body “almost exclusively Irish”, his client was happy to have proceedings concerning assets in Mr Dunne’s estate outside the US adjudicated on by the Irish courts.
Assets in the US could be adjudicated on in the US, he added.
The hearing continues before Mr Justice Brian McGovern.
