Sean Dunne's action over seized items to be heard next month

Monday 17 February 2014 18.01
Sean Dunne wants to recover a number of items sized by the official administering his bankruptcy
Sean Dunne wants to recover a number of items sized by the official administering his bankruptcy

A legal action brought by developer Sean Dunne over materials seized in a raid by the official in charge of his bankruptcy will be heard by the High Court next month.

Mr Dunne, who was adjudicated as a bankrupt both in Ireland and in the United States last year, has brought proceedings aimed at recovering documents and other material, believed to include a number of paintings, which were seized last November from a property in Co Kildare by the official administering his bankruptcy; Official Assignee Mr Chris Lehane.

The items seized include 100 pieces of artwork and golf memorabilia.

In his proceedings Mr Dunne wants to recover a number of items, including documents related to matrimonial proceedings.

At the High Court Mr Justice Brian McGovern fixed 19 March for the hearing of the action.

The court will also hear a preliminary application, on 5 March, by Mr Dunne's lawyers to have Mr Lehane cross examined during the full hearing.

Mr Lehane's lawyers are opposed to that motion and say it is not appropriate Mr Lehane be cross examined on the contents of his affidavit evidence.

Last November the now US-based Mr Dunne launched proceedings against the High Court order, which allowed agents for the Official Assignee to enter a property in Straffan and seize goods there.

The order was made under Section 28 of the Bankruptcy Act. That provision allows for a search and seizure warrant to be issued where the Official Assignee has reason to believe that property of a bankrupt may be located in a house or other property which may not be owned by the bankrupt themselves.

Other parties to the proceedings include Mrs Gayle Dunne; an Isle of Man registered company, Traviata Ltd; and John Dunne a son of Mr Dunne, who the court previously heard are seeking items belonging to them returned.

Lawyers for Mr Lehane have previously told the court that he is happy to return and materials that do not form part of Mr Sean Dunne's estate.