An attempt by Anglo Irish Bank to recover more than €60m from three Limerick solicitors has been adjourned in the High Court until early next year.
Anglo was seeking summary judgment orders for more than €21m each against Dermot O'Donovan, Michael Sherry and Aidan Frawley - all partners in the Limerick firm of Dermot G O'Donovan.
The bank alleges the three men had provided personal guarantees for loans of more than €165m to companies and partnerships linked to the Fordmount Property Group, in which they were involved, to buy land and buildings in Limerick City and county.
The solicitors argue that they believed the personal guarantees would never be enforced.
Anglo Irish Bank argues that as experienced solicitors, familiar with personal guarantees, their defence is incredible.
Mr Justice Peter Kelly said he was refusing summary judgment because of another ongoing case due to be heard early next year involving their co-guarantor, Michael Daly, who is being pursued by Anglo for €80m over the same loans.
Mr Justice Kelly said there was 'a risk of injustice being perceived to be done' if he had not adjourned this matter for a full hearing, since Mr Kelly's case was proceeding to full hearing, and Mr Daly's credibility was pivotal to the success or otherwise of the three solicitors' cases.
He said his decision to refuse summary judgment was not a warranty as to the strength or ultimate success of the three men's cases, but he had taken the decision because he was unable to say that they had no bona fide defence.
