BANKRUPT BUSINESSMAN Seán Quinn appeared before the Commercial Court for the first time yesterday seeking permission to defend claims by Anglo Irish Bank that he has liability for some or all of €2.34 billion in loans made to various Quinn companies.
Mr Quinn told Mr Justice Peter Kelly he was “a simple farmer’s son” who didn’t need much time to argue his entitlement to be represented in his family’s case against Anglo.
His unexpected appearance came as the judge was preparing to deal with the bank’s application for an order that Mr Quinn be deemed bound by any judgment made in that action.
The bank has joined Mr Quinn and two former Quinn Group executives as third parties to the action against it by Patricia Quinn and her five children denying liability for the loans on grounds including that they were allegedly made for the unlawful purpose of propping up the bank’s share price.
The bank has denied such claims and has joined Mr Quinn, Dara O’Reilly, chief executive of Quinn Group (NI) Ltd, and Liam McCaffrey, former Quinn group finance director, as third parties for the purposes of claiming indemnity against them should the family succeed.
The proceedings were before Mr Justice Kelly yesterday via an application by Anglo for directions on how the matter should proceed against the third parties as it appeared Mr Quinn would not be represented following his adjudication as a bankrupt on January 16th and the decision by the official assignee in bankruptcy not to defend the case on behalf of Mr Quinn.
Yesterday, Brian Murray SC, for the bank, said it had last Thursday received a letter from Mr Quinn. The judge said he also received a letter. Mr Quinn said he was adjudicated bankrupt on January 16th and the official assignee had advised he would not be defending the family’s proceedings on Mr Quinn’s behalf because that would be of no benefit to creditors. Mr Quinn said he would do his best to defend the claims against him and wished the relevant documents to be sent to him.
Mr Murray said he would be contending Mr Quinn could not defend the action on his own behalf.
Mr Quinn told the judge Anglo had joined him to the case but now “doesn’t want me”. He was “obviously a major part” of the Anglo/Quinn situation over the last 10 years “and I would have thought it was useful for the court to hear my views”.
When the judge said the bank disputed whether he could appear, Mr Quinn said: “I don’t know, judge, the way I see it, Anglo joined me, I filed a defence and I want to stand over it.”
The judge said an interesting legal issue arose whether Mr Quinn could do so.
The judge fixed Mr Quinn’s application for hearing on March 15th and directed the relevant legal documents be served at his address in Co Cavan. When Mr Quinn said he was “not big into emails”, the judge directed the documents could be served by ordinary post.
When the judge asked Mr Quinn how long he required to prepare for the hearing on his entitlement to defend, the latter said a week to 10 days would be adequate. “I’m a simple farmer’s son,” he said, to which the judge said: “I’m a simple man myself”.
