Courts

Thursday 24 July 2014

Sean Quinn family members get postponement of court order

Tim Healy

Published 07/12/2012|17:17

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FAMILY members of jailed bankrupt businessman Sean Quinn have got a postponement of a court order that a receiver can have their personal data in a bid to get information about their financial affairs.

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Receiver Declan Taite, who was appointed by Irish Bank Resolution Corporation (IBRC) over their personal assets, today agreed to a conditional stay on orders requiring them hand over to him their personal email account passwords, phones and other material.







The stay applies pending the outcome of the Supreme Court appeal against the hand-over orders made by Mr Justice Peter Kelly at the Commercial Court last month. A date for that appeal has yet to be fixed.







In the meantime, the five adult children of Mr Quinn and three of their spouses - Stephen Kelly, Niall McPartland and Karen Woods - agreed they will give the various devices and other material to a company, Epsion, which will download the information.







The downloaded material will then be kept in a locked environment pending the outcome of the appeal.







It was agreed the Quinns will attend next week at the offices of Epsion for the purposes of downloading and may remain, if they wish, while the material is being downloaded.







Martin Hayden SC, for the Quinns, told the Supreme Court today of the agreement on the stay and the Chief Justice, Ms Justice Susan Denham, said the court would fix a date for the appeal when all the necessary legal documents are lodged.







The appeal is against Mr Justice Kelly's order directing that Mr Taite, appointed last July as receiver over the personal assets of various Quinn family members, is entitled to the passwords, computers, phones and other material relating to the Quinns' assets so as to elicit information dating from June 27, 2009.







That date marked when proceedings were brought by IBRC, formerly Anglo, aimed at restraining stripping of assets worth up to US$430m from the Quinn family's international property group (IPG).







The Quinns had strongly opposed the receiver's application, saying much of the material on the devices related to personal communications, photos of family and friends, medical records and communications with Quinn company employees and the media.







Mr Justice Kelly ruled the receiver was entitled to the orders on grounds including admitted asset-stripping and findings of contempt against three members of the Quinn family.







His orders also apply to Peter Darragh Quinn, a nephew of Sean Quinn Snr, who remains at his home in Northern Ireland and has not attended court since contempt findings were made against him, Sean Quinn Snr and Sean Quinn Jnr last June. A warrant for his arrest remains unexecuted.



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