Anglo Irish Bank has secured a temporary High Court injunction restraining a Co Cork solicitor from petitioning the court to have the State owned bank wound up.
Anglo claims that any application brought by Declan Guilfoyle to wind up the troubled bank would amount to an abuse of process and an attempt at debt collection.
The court heard Mr Guilfoyle, of Old Bank House, Midleton, is claiming he is owed money by the bank but no details of his claim were disclosed in court.
Lawyers for Anglo said Mr Guilfoyle would claim he was owed money by the bank but the amount claimed was in dispute.
Senior Counsel John Breslin said any petition seeking to have a liquidator appointed to the bank was in effect a form of debt collection which he was not entitled to do.
He said such an attempt could only be considered to be an abuse of process which would court controversy.
Mr Justice Daniel O’Keeffe granted the bank an interim injunction restraining Mr Guilfoyle from bringing or presenting a petition under Section 213 of the Companies Act 1963 to wind up Anglo Irish Bank Corporation Ltd.
The judge also granted the bank an interim injunction preventing Mr Guilfoyle from advertising or publishing any such petition. The orders were granted on an ex parte basis.
The case returns to court next Wednesday.
