Court grants full hearing in Hynes case
Wexford businessman Alan Hynes and his wife Noreen are entitled to a full hearing of an application by their former solicitors for a €2.3 million judgment, the High Court has ruled.
Seamus Maguire and Company Solicitors are seeking judgment for the amount against Alan Hynes and Noreen Hynes, trading as A&N Properties, arising from a cheque that was allegedly dishonoured.
It was claimed the cheque was signed by Mr. Hynes, drawn down in the account of A&N Properties and made payable to the solicitors' firm client account in November 2007.
The solicitors' firm had acted for the defendants in relation to the purchase of a site at Moongate, Clonard, Wexford.
It claimed the defendants sought to borrow money in 2007 to fully acquire and refinance Moongate which had been owned by a syndicate which included Mr. Hynes and his parents.
It is claimed the defendants were sanctioned €3 million for that purpose by AIB.
The firm says the defendants acknowledged the monies were owed to it in relation to the loans advanced in relation to Moongate.
It is claimed that a cheque for €2.3 million was made out to the firm and held by the firm at the defendants' request.
The defendants had, at the time, said they lacked the funds for payment and would advise the firm when they had money in place for payment, it is claimed.
However, the cheque amount was never paid and the entire amount is due and owing to the firm, it is claimed.
The defendants dispute the claim and dispute that the cheque was dishonoured.
In his ruling, Mr. Justice Paul McDermott said the defendants had raised an arguable defence to the claim such as entitled them to a full hearing.