independent

Sunday 20 April 2014

Quinns want to sue Sean FitzPatrick for damages

Sean Quinn Jr, son of former billionaire, Sean Quinn (L) and Sean Fitzpatrick (R)
Sean Quinn Jr, son of former billionaire, Sean Quinn (L) and Sean Fitzpatrick (R)

THE family of bankrupt billionaire Sean Quinn want permission from the High Court to sue Sean FitzPatrick, the former chairman of Anglo Irish Bank, for damages.

This morning, lawyers for the Quinns alleged that Mr FitzPatrick, a bankrupt, "conspired" with others to enter into unlawful contracts.

The family want to join Mr FitzPatrick to legal proceedings it has initiated against a number of parties including the former financial regulator and the Department of Finance.

Under he 1988 Bankruptcy Act, a debtor can not be sued by a creditor without permission from the High Court.

Mr Justice John Cooke heard that the Quinns are seeking to establish whether they will be able to claim against an insurance policy if they successfully sue Mr FitzPatrick who was adjudicated a bankrupt three years ago.

The application to join Mr FitzPatrick was opposed by the Official Assignee in bankruptcy Mr Chris Lehane, who is the court appointed official whose role is to assist bankrupts in their obligations to their creditors.

Lawyers for the Quinns said that the family's application could affect the administration of Mr FitzPatrick's estate if it could be established whether or not an insurance company will "stand behind" Mr FitzPatrick's actions between September 2007 and July 2008.

The case was adjourned until November 4th next.

Separately, Judge Cooke heard that gardai  have not yet executed an arrest warrant for former Wexford hurling star Paul Codd who is bankrupt.

Mr Codd faces cross examination in the High Court once he is arrested and brought before the courts.

Last March Codd, an All Ireland winner in 1996 and a former captain of Wexford, was adjudicated bankrupt by the High Court aruising out of his failure to satisfy a judgement for €530,000 secured against him in 2011.

This morning Mr Lehane told Judge Cooke that Mr Codd is not co-operating with his office.

Mr Lehane previously told the High Court that Mr Codd had also failed to complete a statement of his affairs as required under bankruptcy laws.

Dearbhail McDonald Legal Editor

Irish Independent

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