THE HIGH Court has made orders compelling lifestyle guru and businessman Tony Quinn to give evidence as part of a multimillion dollar lawsuit in the US.
Mr Justice Patrick McCarthy yesterday made orders requiring Mr Quinn to give a deposition in Ireland as part of a court action in Denver, Colorado.
The action arises from the sale of shares in International Natural Energy (INE) LLC, the holding company of a firm involved in oil exploration in the central American country of Belize.
Mr Quinn was appointed a director of INE several years ago.
The proceedings have been brought by Colorado resident and former INE director Jean Cornec, who claims he has not been paid in full for a $15 million (€11.7 million)sale of his shares to INE director and fellow Colorado resident Susan Morrice, the firm’s chairwoman.
In her counterclaim, she alleges Mr Cornec broke their contract by engaging in a campaign of disparagement against Mr Quinn. She also claims the alleged campaign against Mr Quinn resulted in the loss to INE of a proposed $100 million investment from Dubai.
Mr Cornec denies those allegations. His lawyers secured an order from the district court in Denver county, Colorado, requesting the Irish High Court to order that Mr Quinn be deposed as a witness in the Colorado lawsuit.
The order was sought on the grounds that Mr Quinn is an Irish resident. Mr Quinn has disputed this. He claims he is a resident of the Bahamas and spends only a short period each year in Ireland.
Yesterday, following an ex-parte application by lawyers acting for Mr Cornec, Mr Justice McCarthy made orders, under the 1856 Foreign Tribunals (Evidence) Act, that Mr Quinn should appear before an appointed examiner and submit himself for deposition in Ireland.
At the deposition, Mr Quinn can be examined and cross-examined by lawyers representing the parties in the US action.
Mr Quinn’s deposition is to occur at a time and place designated by the examiner. The process is to be videotaped and transcribed by an official stenographer. The transcript and video recording are then to be forwarded to the Denver court.
The court heard that Shane Murphy SC is to act as examiner.
Barrister Jonathan Newman, for Mr Cornec, told the court that last July the High Court made orders allowing Mr Quinn to be deposed. Mr Quinn’s testimony has been sought as part of the case listed before the Colorado court, Mr Newman said.
He added that those orders were subsequently set aside after Mr Justice Michael Peart found Mr Quinn, who spends most of his time outside of Ireland, was not in the State when the order was made. Therefore orders that Mr Quinn attend the deposition could not be made, the judge ruled.
Mr Newman said Mr Quinn was presently in Ireland. The court heard that earlier this week the businessman was observed at a property he owns at Hicks Tower, Malahide, Co Dublin, and walking around Malahide Castle.
Mr Quinn is due to give a seminar in the RDS in Ballsbridge, Dublin, this Sunday, the court was also informed.
Mr Quinn had proposed that he be deposed in either the Bahamas or in Florida.
However, it was decided to seek orders allowing for Mr Quinn to be deposed in Ireland.