Brian O’Donnell’s bankruptcy appeal to be heard on Thursday

An application by Brian O'Donnell and his wife Mary Patricia to have their bankruptcy annulled will go ahead on Thursday.

The O'Donnells were adjudicated bankrupt by the High Court in August of 2013. The finding was confirmed by the Supreme Court in February of this year.

Bank of Ireland applied to have the couple declared bankrupt after they failed to satisfy a judgment for €71.57 million obtained against them. The judgment was obtained by Bank Of Ireland (BoI) in December 2011 after they failed to repay loans advanced by the bank.

In their latest proceedings the couple claim their bankruptcy should be set aside on grounds including that the loans were provided by Bank of Ireland Private Banking, which they claim has no banking licence.

As it was Bank of Ireland Private Banking they dealt with, which is not a bank but an intermediary, then what it had done was illegal.

BoI, which opposes the application, says the challenge should be dismissed on the basis that the matter has been fully dealt with in the High and Supreme Courts.

BoI, represented by Mark Sanfey SC, also says the O’Donnell case is unstateable and should not be entertained.

The O’Donnell’s application was mentioned briefly before Ms Justice Caroline Costello who said the matter will proceed this Thursday March 26th.

The judge also directed that Dr Mary Patricia O’Donnell must attend the hearing.

Previously Mr O’Donnell told the court he would be bringing in expert witnesses on banking regulation and licensing of banks as part of his annulment case. He said he would be presenting new material which was not put before previous court hearings.

A number of applications brought on behalf of the O’Donnell’s four children will also come before the court on Thursday.

These include an application by the court-appointed official handling the O’Donnell bankruptcy, official assignee Chris Lehane, for leave to cross-examine the O’Donnell children.

Blake, Alexandra, Blaise, and Bruce O'Donnell have brought a number of motions, including one one seeking the setting aside of a search warrant obtained by the official assignee for the property at, Gorse Hill, Killiney, Co Dublin.

Separately Mr and Mrs O’Donnell are due before the Court of Appeal on Tuesday in relation to their appeal against a finding they are trespassing on the house at Gorse Hill.

The appeal is against a decision of Mr Justice Brian McGovern, who gave BoI an order preventing the couple from interfering with receiver Tom Kavanagh who had previously been granted possession of Gorse Hill.

The receiver wishes to sell the house, valued at around €7 million, to meet part of the debt owed by Mr and Mrs O’Donnell.

The appeal opened last week and the Court is expected to give a decision by Friday.