Quinn son's jail appeal to be heard in October

THE APPEAL by the son of bankrupt businessman Seán Quinn over his jailing for “outrageous” contempt of court orders will be heard…

THE APPEAL by the son of bankrupt businessman Seán Quinn over his jailing for “outrageous” contempt of court orders will be heard by the Supreme Court in October.

The orders involved restrained steps to put multi-million property assets beyond the reach of the former Anglo Irish Bank.

Unless the High Court finds Seán Quinn jnr has purged his contempt before that hearing, it now appears he will remain in prison until at least October.

A warrant remains unexecuted for his cousin, Peter Darragh Quinn, who did not attend a High Court hearing last Friday where orders were made jailing both men.

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The jailing orders were made by Ms Justice Elizabeth Dunne following her finding that Seán jnr, his father Seán and Peter Darragh Quinn had failed adequately to comply with a series of coercive orders made by her aimed at unwinding the scheme to strip assets valued at up to €500 million from the Quinn family’s international property group.

The coercive orders were sought by Irish Bank Resolution Corporation (IBRC), formerly Anglo Irish Bank, which claims it is owed some €2.8 billion arising from unpaid loans made to various Quinn companies.

Last month, Ms Justice Dunne ruled the three men had breached court orders of June and July 2011 restraining further steps in the asset-stripping scheme.

She later granted several coercive orders aimed at unwinding those steps and gave them three weeks to comply with those.

Last Friday, the bank argued the men had failed to do so, while they insisted they had done all they could.

The men claimed certain factors, including lack of co-operation from persons in Ukraine, Russia and elsewhere had frustrated their efforts. They also argued the bank had refused various offers of co-operation.

At the Supreme Court yesterday, Bill Shipsey SC, for the Quinns, asked the Chief Justice, Ms Justice Susan Denham, to prioritise the hearing of the appeal by Seán Quinn jnr against the coercive orders and the order for his imprisonment.

Mr Shipsey argued the contempt found against Seán Quinn jnr was in relation only to one issue of a €500,000 payment to the general director of a Ukrainian company within the family’s international property group at about the end of August 2011, just before IBRC took over control of that company.

The chief justice said the court would hear the appeal in early October and made directions for the exchange before then of legal documents between the sides.

Also in the High Court yesterday, Mr Justice Michael Moriarty made directions for the discovery of documents for the Commercial Court action by Patricia Quinn and her five children, in which they claim they are not liable for some €2.35 billion of the loans made to Quinn companies because of the alleged illegal conduct by the bank in advancing those loans to support its share price.

IBRC denies those claims and the action has been returned for further mention in October.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times