A PRIVATE investigator hired by IIB Bank plc to track down struck-off solicitor Thomas Byrne arising from default on a loan of €9 million has been unable to establish his whereabouts, the Commercial Court was told yesterday.
Mr Justice Peter Kelly suggested that IIB contact the Law Society and the Garda and, at the request of 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 €1 million.
The bank claims that the property at Crumlin Village, Crumlin, was advanced as part security, along with several other properties, for a €9 million loan made by it last year to Mr Byrne.
It has brought the proceedings in an effort to enforce judgment for €9 million obtained by it last November against Mr Byrne after he defaulted on the loan, which was approved by the bank last August and drawn down in September.
The proceedings have also been brought against solicitor Donal Corrigan, 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.
Yesterday, Mr Ferriter said the bank had hired a private investigator to find Mr Byrne after it was unable to serve legal documents on him personally 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 that Mr Byrne was living there.
Mr Ferriter 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.
Others seeking to serve papers on Mr Byrne in connection with other legal actions had also indicated they were having difficulties finding him, Mr Ferriter added.
Asked by Mr Justice Kelly whether the bank had contacted the Law Society, he said it had done so and hoped that avenue might bear fruit.
