Barrister Úna Nesdale, acting for Mount Street Mortgage Servicing Limited (MSMS), submitted a strikeout application on behalf of former Irish rugby player and businessman Brendan Mullin. The application related to an alleged debt of €1.8m. The request to declare Mr Mullin bankrupt was ultimately dismissed by Justice Liam Kennedy in the High Court with the concurrence from both parties.
Senior counsel Richard Kean, representing Mr Mullin, gave his consent for the strikeout order. MSMS had previously been pushing for Mr Mullin, a 60-year-old resident of Donnybrook’s Stillorgan Road in Dublin, and Stephane Fund, also aged 56 and based in Kilternan, Co Dublin, to be declared bankrupt. Both Mr Mullin and Mr Fund were previously business associates.
A petition against Mr Mullin, which had continually been postponed, is now finally dismissed. However, the case against Mr Fund is still ongoing and will be back in court within a fortnight. Both Mr Mullin and Mr Fund were previously joint-directors of a property development fund named Bisvale DAC, which was placed under receivership in the year 2021.
In April 2022, MSMS had secured a judgment from the High Court against both gentlemen for an amount of €2m. This was consistent with the guarantees tied with the purchase of properties in Ballsbridge from the National Asset Management Agency. During the bankruptcy proceedings, MSMS insisted that approximately €1.85m is still owing.