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The Annulment of Sean Quinn’s Bankruptcy Order
13 January 2012
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By Adele Hall
The Bankruptcy Order issued by the High Court in Belfast to Sean Quinn has been annulled by Mr Justice Deeny as of Tuesday 10th January 2012.
This annulment was based on an examination of Mr Quinn’s business activities and specifically his centre of main interests as outlined in the 2001 Council Regulation EC 1346/2001 relating to insolvency proceedings in Member States of the European Union.
Upon examination of Mr Quinn’s business activities, Mr Justice Deeny concluded that they were primarily based around offices in Cavan and Dublin as opposed to the office in Derrylin Business Park, Co. Fermanagh as per the original application for bankruptcy. In reaching the decision, Mr Justice Deeny looked closely at evidence such as invoices, a lease, and letterheads.
Mr Justice Deeny examined whether the alleged centre of main interests in Derrylin was reasonably ascertainable to Mr Quinn’s creditors. It was held that the applicant had failed to publicize or advertise the address and had intended to keep the location discreet thereby further adding to the reasons to grant the annulment.
Finally, the court found that the initial ex-parte application on 11th November 2011 lacked the requisite full and frank disclosure from the applicant. Collectively, the above considerations led to the granting of the annulment of the High Court Bankruptcy Order.
Mr Quinn now faces a much harsher regime south of the border as opposed to the twelve month disqualification period in Northern Ireland.
Click here to read summary judgment from Kane Tuohy Solicitors
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