BoI claims couple set out to defraud creditors, court hears

Bank of Ireland has claimed a couple against whom it is seeking judgment of some € 14.8m transferred the ownership of their Dublin home, and of another property in the city with intent to defraud creditors, including the bank .

The bank has brought two sets of Commercial Court proceedings against Kenneth and Jackqueline White, of Riversdale House, Lower Churchtown Road, Milltown.

The first is a summary judgment claim for €14.8m relating to eight loans the bank advanced to the couple to acquire and/or refinance property investments in Dublin.

Their portfolio includes properties in Grafton Street and at Johnson's Court, just off Grafton Street, along with 35 apartments at The Maleston and the Hampton's developments at Santry Cross, Santry.

Guarantees

The loans were secured on guarantees and indemnities by the Whites on those properties as well as on their home and on number 14 Wicklow Street, Dublin.

The bank demanded repayment and, when that was not forthcoming, last September appointed receiver Tom O'Brien of Mazars over the Grafton Street property and 32 of the 35 Santry apartments.

Along with the summary judgment case against the couple, the bank has also brought separate proceedings alleging he transfer of ownership of the Wicklow Street property and the couple’s home at Milltown was done with the intention of defrauding creditors.

In the second proceedings, the bank seeks a number of orders against the couple and against Blake White, of Riversdale House, Lower Churchtown Road, Sandra O'Sullivan, Doonsalla Park, Dun Laoghaire, and Avril Richardson (otherwise Kohout), of Park Road, Glenageary.

Milltown home

It seeks a declaration the transfer of the White’s Milltown home in November 2012 to a family trust was done with the intention of defrauding creditors and is void and/or voidable at the instance of the bank.

It also seeks a declaration the conveyance of the Wicklow Street property between the five defendants was also made with the intention of defrauding the creditors of Mr and Mrs White.

If necessary, the bank also seeks an injunction, pending determination of the proceedings, permanently restraining each of the defendants from dealing in any way with the Milltown house and Wicklow Street property.

The case was admitted, on consent between the parties, to the Commercial Court on Monday by Mr Justice Brian McGovern who adjourned it to January.