Thursday 23 November 2017

Family of Sean Quinn must pay costs related to cross-examination on assets

Tim Healy

THE children and other family members of jailed businessman Sean Quinn have been ordered to pay the legal costs related to their pending cross-examination over their bank accounts and assets.

The cross-examination will take place at the Commercial Court on January 24 and 25.

Mr Justice Peter Kelly today granted an application by Irish Bank Resolution Corporation (IBRC), formerly Anglo Irish Bank, for the costs of a hearing for leave to cross-examine but placed a stay on that order pending the outcome of the bank's action against the Quinns.

Ross Aylward, for the Quinns, had asked the judge not to award costs pending the outcome of the cross-examination, including a decision whether his clients had provided all the documents they could.

Barry O'Donnell, for the bank, said it was entitled to costs in circumstances including where more documents were provided on the eve of the application hearing despite a "strenuous" assertion full disclosure had been made.

Mr Justice Kelly said the issue whether there was full disclosure was separate to whether cross-examination should be permitted. the Quinn defendants had argued they had made complete disclosure but the bank disputed that.

The banks' application for leave to cross-examine was opposed "on every conceivable ground", he added. Having succeeded in getting leave, the bank was entitled to its costs with a stay on that order pending the outcome of the case.

The bank sought cross-examination as part of its efforts to protect assets in the Quinns international property group (IPG).

It said it did not believe the Quinns had made full disclosure of their accounts and assets in affidavits sworn by them but the Quinns insisted they had disclosed all material available to them.

In his judgment on the matter last week, Mr Justice Kelly ruled cross-examination was necessary "to fill the vacuum" and directed cross-examination of Sean Quinn Jr, his sisters Aoife, Ciara, Brenda and Colette; wife Karen Woods and brother in law Niall McPartland.

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