The five-judge court presided over by Chief Justice Donal O’Donnell reserved its decision after hearing legal submissions.
Mr O’Flynn claims he advanced a loan to a pub business Mr O’Driscoll was involved in. As a result, it is claimed, Mr O’Driscoll became a signatory to a €2.2 million loan guarantee in favour of the developer and that the two became shareholders in the business. Mr Justice Alexander Owens agreed Mr O’Flynn lacked the “locus standi” to be heard because, despite being invited by Mr O’Driscoll’s personal insolvency practitioner to file a proof of debt, he did not do so.
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