Priory Hall developer wants early bankruptcy hearing
Ms Justice Caroline Costello granted the extension last June over “very grave” breaches by the developer of the bankruptcy laws, including hiding his interest in 12 apartments in Dublin.
Her decision means Mr McFeely, set to exit bankruptcy at the end of July 2015, will not, unless he wins his appeal, do so until May 2020.
Yesterday, his counsel Vincent P Martin, told the president of the Court of Appeal, Mr Justice Sean Ryan, he was seeking a priority hearing.
Mr McFeely is now almost 14 months beyond the period he should have exited bankruptcy and, if he wins his appeal will never get that time back, counsel said. The case involved important points concerning the new bankruptcy regime, he added.
Mr Justice Ryan agreed the appeal is urgent and raises important issues concerning the bankruptcy laws.
He fixed dates for exchange of the necessary legal documents between the sides and adjourned the matter for mention to next month when it is expected a hearing date will be fixed.
Last June, Ms Justice Costello noted five years is the maximum period by which a bankruptcy may be extended but said Mr McFeely’s deliberate and continuing non-cooperation warranted an extension of almost that period.
He had failed to disclose to bankruptcy trustee Chris Lehane his interest in seven apartments at the Aras na Cluain development, Clondalkin, and in five units at Old Saw Mills Industrial Estate, Lower Ballymount Road, she held.
Documents obtained by Mr Lehane during a raid on a Coalport premises indicated the five Old Sawmills units, with an estimated value of up to €1m, were at one point co-owned by Mr McFeely and developer Larry O’Mahony, the judge said.
Mr McFeely alleged his brother was benefically entitled to those units and he himself only had a 20% interest in them which was vested in Mr Lehane, she noted.
While a warrant obtained by Mr Lehane did not authorise the search of the premises leased to Coalport, no constitutional right of Mr McFeely was breached.
