Supreme Court judge says ‘combative’ nature of litigation over Michael O’Flynn PIA objection unhelpful

All of the litigation between Cork property developer Michael O’Flynn and the personal insolvency practitioner of his former business partner could have been avoided if both sides had taken a “reasonable” approach to various legal issues, a Supreme Court judge has said. Photograph: Collins

She said the litigation arising out of Mr O’Flynn’s bid to oppose the PIA has been conducted in a “combative”, “confrontational” and “unhelpful” way, which is “most unfortunate”. The High Court heard the alleged debt arose from a €2.2 million personal guarantee given to Mr O’Flynn concerning liabilities of pub operator Ezeon Entertainment Ltd, which was established by Mr O’Driscoll.

The Supreme Court ruled last November that Mr O’Flynn obtained a right to contest in court the debt plan despite earlier failing to “prove his debt”. The court then turned to the question of remitting the PIA for fresh consideration, accounting for his objection. Ms Justice Dunne said it was hard to see an objective basis for why Mr O’Driscoll’s insolvency practitioner needed to take “such a vigorous role” in opposing Mr O’Flynn in pursuing his objection to Mr O’Driscoll’s debt deal.

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