AIB Mortgage Bank and Allied Irish Banks PLC are pursuing a claim for €10.87 million against Gerard Burke and €10.15 million against his late wife, despite an attempt by the Burkes to have the bank’s action dismissed for delay. Mr Justice Brian Cregan rejected the Burkes’ request to dismiss the bank’s action and struck it out, stating that there has been “no delay whatsoever” in the proceedings. The bank became aware of certain property transfers made by the Burkes, allegedly at an undervalue, to their daughter Caroline, and sought to have them set aside, claiming they were made with the intention of defrauding creditors. The Burkes deny the bank’s claims and pleaded to dismiss their action for delay, but Justice Cregan rejected this request, stating that they have not suffered prejudice due to any action on the part of the bank.
