Developer Michael O'Flynn wins legal battle against insolvency agreement of former business partner 

The court’s decision will have ramifications for all future cases.
Developer Michael O'Flynn wins legal battle against insolvency agreement of former business partner 

A ruling by the Supreme Court today could mean that the personal insolvency agreement of Mr O’Flynn’s former business partner will have to go back before a court. Pic Collins Courts

Property developer Michael O’Flynn has won his legal battle against the personal insolvency agreement of former business partner John O’Driscoll.

A ruling by the Supreme Court today could mean that the personal insolvency agreement of Mr O’Flynn’s former business partner will have to go back before a court.

The court heard that the PIA may have technically expired so it will have to be considered what happens next.

The five-judge Supreme Court with Mr Justice Donal O’Donnell presiding ruled that the appeal be allowed.

Delivering the judgement of the court Ms Justice Elizabeth Diunne said there was nothing in the Personal Insolvency Act which precludes a creditor who has not proved his or her debt when requested to do so by the PIP from doing so at a later stage.

Matter of general public importance 

The court’s decision will have ramifications for all future cases. 

The Supreme Court had agreed to hear Michael O’Flynn’s appeal because it raised a matter of general public importance.

Mr O’Flynn had appealed a High Court ruling of 2022 preventing him from objecting to the Personal Insolvency Agreement (PIA) made in favour of his neighbour Mr O’Driscoll from Ovens, Co Cork. 

Mr John O’Driscoll is a brother of Mick O’Driscoll the former Irish rugby international.

The Supreme Court appeal which was heard over a day at the Four Courts earlier this year, centred on the interpretation of the 2012 Personal Insolvency Act, the meaning of the word creditor, and Mr O’Flynn’s entitlement to raise an objection.

Mr O’Flynn’s side contended the appeal raised issues of great significance to every creditor in every single insolvency application and affects the position of creditors in objections under sections of the Act. It said the appeal mandated an analysis of rights of creditors to object whether they proved their debt or not.

During the appeal Bernard Dunleavy, SC for Alan McGee, O’Driscoll’s personal insolvency practitioner (PIP) was asked what would happen if the Supreme Court appeal was successful.

Mr Dunleavy said it would expose the PIA, which the court heard had been approved last year, “ to be unravelled” and it would have to go back to the Circuit Court for further hearing.

Background 

Mr O’Flynn claims that Mr O’Driscoll allegedly owes him over €750,000 and was allegedly not insolvent when Mr O'Driscoll sought and was granted a PIA by the courts.

Mr O’Flynn claims that he advanced a loan to a pub business Mr O’Driscoll was involved in. As a result, it is claimed that Mr O’Driscoll became a signatory to a €2.2m loan guarantee in favour of the developer, and that the two became shareholders in the business.

Mr O’Driscoll rejects the claim that he was not insolvent. In July 2022. the High Court, upholding a decision previously made by the Circuit Court, ruled that Mr O’Flynn had no right to be heard in relation to the O’Driscoll PIA.

Mr Justice Alexander Owens agreed that 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.

The O'Flynn side had argued before the Supreme Court the developer was still a creditor as he had not gone through a process.

His counsel Marthin Hayden SC said in the PIA Michael O’Flynn was there “with debt not proven €1” opposite his name. It was marked as a contingent liability.

Counsel said his side would claim that Mr O’Driscoll was not insolvent at the time.

Statement outside court 

In a statement outside court, Michael O'Flynn said he had not taken the step to appeal or object lightly.

The statement read: "Firstly, I wish to thank the Supreme Court for considering the appeal, and I separately now thank the Court for the careful and detailed judgment on this important point of law for the entire personal insolvency regime.

"I am very pleased that the Supreme Court has now found that the PIP was incorrect in arguing that I was not entitled to object, and that the Circuit Court and High Court were incorrect in their findings.

"Whilst my rights have now been vindicated, it must be noted that I did not take the step to object or appeal lightly, especially considering the parties involved."

more Courts articles

Man jailed for his part in attack on West Cork home over drug debt  Man jailed for his part in attack on West Cork home over drug debt 
Closeup, scales and law on table, office and attorney man in blurred background with reading for crime analysis. Advocate, lawye Cork man said he had nothing to do with anyone being pulled out of a car and beaten
Scales of justice and Gavel on wooden table and Lawyer or Judge working with agreement in Courtroom, Justice and Law concept Man accused of sexually assaulting woman in Cork city remanded in continuing custody  

More in this section

Closeup, scales and law on table, office and attorney man in blurred background with reading for crime analysis. Advocate, lawye Woman charged with multiple thefts from Cork stores remanded in continuing custody
Surveillance led gardaí to 'low level mule' as she travelled to collect drugs in Co Laois Surveillance led gardaí to 'low level mule' as she travelled to collect drugs in Co Laois
Book of evidence to be served in case involving robbery and imitation gun at credit union Book of evidence to be served in case involving robbery and imitation gun at credit union

Sponsored Content

Aisling Walsh, customer and strategy manager at ESB Networks More than 50,000 households are being rewarded for flexible electricity use
The office worker presents a document to the client across the desk. Pensions become part of the talent equation
CS ESB Networks Oct 2026 Got a smart meter? Time to unlock its value with an ESB Networks online account
Contact Us Cookie Policy Privacy Policy Terms and Conditions

© Examiner Echo Group Limited

Add Echolive.ie to your home screen - easy access to Cork news, views, sport and more