Irish Independent

Ex-Ireland rugby star Mullin avoids bankruptcy as petition is struck out

- SHANE PHELAN LEGAL AFFAIRS EDITOR

Former Irish rugby internatio­nal Brendan Mullin has avoided the prospect of bankruptcy after a case taken against him by a creditor was settled.

Bankruptcy petitions filed against the retired sportsman and his one-time business partner Stephane Fund came before the High Court earlier this year.

They related to a judgment for around €2m secured against the two men in April 2022 by Mount Street Mortgage Servicing Limited.

The judgments were about loans used to fund the purchase of luxury apartments in Ballsbridg­e in Dublin, from the National Asset Management Agency (Nama).

But the court was told the petition against Mr Mullin could be struck out.

“That matter has now resolved between the parties and can be struck out on consent with no further order,” said barrister Una Nesdale, for the creditor.

Mr Mullin’s counsel Richard Kean SC told the court: “On behalf of Mr Mullin, we are very pleased to thank the court for its time and to confirm the matter has fully resolved.”

Details of the settlement were not revealed. Mr Justice Liam Kennedy congratula­ted the parties on “coming to that resolution”.

“It is always better if the parties can do that rather than having one imposed on them,” the judge said.

In a statement, a spokesman for Mr Mullin said: “The proceeding­s against Brendan Mullin have been struck out and withdrawn. This addresses and expunges all actions between the parties, including the previous judgment order and concludes the matter.

“Brendan Mullin welcomes this satisfacto­ry conclusion to the matter.”

Mr Mullin (60), from Stillorgan Road in Dublin, had opposed the petition, denying he had committed an “act of bankruptcy”.

The petition against Mr Fund (56), of Kilternan, Co Dublin, remains in place.

The court was told the parties in that case had agreed matters relating to voluntary discovery. Ms Nesdale, for the creditor, and barrister Keith Farry, for Mr Fund, said the case could be adjourned on consent to a date later this month.

Mr Mullin was once one of Ireland’s most celebrated rugby players.

He earned 55 caps between 1984 and 1995, appearing at three Rugby World Cups. He also toured with the British and Irish Lions in 1989.

Until 2021, he was a co-director with Mr Fund in a property developmen­t firm called Bisvale DAC. The company went into receiversh­ip the same year.

Mr Mullin’s former company owned 11 apartments at the Shrewsbury Square developmen­t on Sandymount Avenue in Ballsbridg­e, as well as two adjoining townhouses bought from Nama in 2017. It had planned to redevelop the properties.

However, Mount Street appointed receiver David O’Connor of BDO Ireland over the company’s assets in October 2021.

Mr Mullin had resigned as director and secretary of the company a month beforehand. It is understood personal guarantees were given in connection with the lending.

The court previously heard that an execution order in relation to the debt was sent to the Dublin City Sheriff but was returned marked “No goods – nulla bona”.

The sheriff writes this when he can find no property to seize to pay off a court judgment.

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