A private investigator hired by IIB Bank to track down struck-off solicitor Thomas Byrne has been unable to find him, the Commercial Court has heard.
Mr Justice Peter Kelly suggested that IIB contact the Law Society and the gardaí and, at the request of Mr Cian Ferriter, for the bank, adjourned for a week an application to admit to the Commercial Court proceedings against Mr Byrne over a property in Dublin valued at some €1m.
The bank claims the property at Crumlin Village, Crumlin, was advanced as part security, along with several other properties, for a €9m loan made by it last year to Mr Byrne.
It has brought the proceedings in an effort to enforce judgement for some €9m 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 solicitor Donal Corrigan, with an address at The Matrix, Churchtown, Dublin, as Mr Corrigan is claiming he has a priority interest in the Crumlin property. 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 which was later dishonoured.
Today, Mr Ferriter said the Bank had hired a private investigator to try to find Mr Byrne after it was unable to personally serve legal documents on him in relation to the proceedings. His side had gone to Mr Byrne's address at Lad Lane in Dublin but could see there was lots of unopened post inside and there was no indication Mr Byrne was living there.
Counsel said the private investigator had gone to Mr Byrne's mother's address in Walkinstown, Dublin, but it did not appear she was living there. He said Mr Byrne had operated a limousine business from that address and a vehicle possibly connected with that business was noted there. Mr Byrne was estranged from his wife and other efforts to trace him had proved unsuccessful.
Other persons seeking to serve papers on Mr Byrne in connection with other legal actions had also indicated they were having difficulties finding him, counsel added.
Asked by Mr Justice Kelly whether the bank had contacted the Law Society, Mr Ferriter said it had done so and hoped that avenue might bear fruit. However, as it appeared that the proceedings by the Society against Mr Byrne may have concluded, the Society might not have useful information at this stage, he added.
Mr Byrne had attended court for most of the hearings of proceedings against him by the Society, which culminated last month in an an order striking him off the roll of solicitors and fining him €1m. The Society had earlier closed down his practice at Walkinstown Road, Dublin.
