Irish Bank Resolution Corporation Ltd & ors -v- Quinn & ors [2016] IESC 50 (28 July 2016)

Irish Bank Resolution Corporation Ltd & ors -v- Quinn & ors [2016] IESC 50 (28 July 2016)

The Supreme Court held that the High Court was correct to grant leave to serve Mecon FZE outside the jurisdiction as the claim was reasonably capable of proof and Mecon was a proper party to the proceedings. The Court further held that Mecon failed to demonstrate that India was clearly or distinctly a more appropriate forum, especially given the risk of fragmentation and inconsistent judgments. The appeal was dismissed and the proceedings in Ireland were allowed to continue against Mecon.

Citation
[2016] IESC 50
Parties
Plaintiff/respondent: Irish Bank Resolution Corporation Limited (In Special Liquidation); Plaintiff/respondent: Quinn Investments Sweden AB; Plaintiff/respondent: Leif Baecklund; Defendant: Sean Quinn; Defendant: Ciara Quinn; Defendant: Colette Quinn; Defendant: Sean Quinn Junior; Defendant: Brenda Quinn; Defendant: Aoife Quinn; Defendant: Stephen Kelly; Defendant: Peter Darragh Quinn; Defendant: Niall McPartland; Defendant: Indian Trust SA; Defendant: Forfar Overseas SA; Defendant: Lockerbie Investments SA; Defendant: Clonmore Investments SA; Defendant: Marfine Investments Limited; Defendant: Blandun Enterprises Limited; Defendant/appellant: Mecon FZE; Defendant: CJSE Vneshkonsalt; Defendant: OOO Stroitelnye Tekhnologh; Defendant: III RLC-Development; Defendant: Karen Woods; Defendant: Senat FZC; Defendant: Senat Legal Consultancy FZ LLC; Defendant: Michael Waechter
Jurisdiction
Ireland
Judgment Date
28 July 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Service Out of Jurisdiction, Forum Non Conveniens, Lis Pendens, Conspiracy, Asset Recovery, Injunctive Relief
Private International Law Civil Procedure Banking Law Service Out of Jurisdiction Forum Non Conveniens Lis Pendens Conspiracy Asset Recovery +1 more

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Parties

Irish Bank Resolution Corporation Limited (In Special Liquidation)

Plaintiff/respondent

Quinn Investments Sweden AB

Plaintiff/respondent

Leif Baecklund

Plaintiff/respondent

Sean Quinn

Defendant

Ciara Quinn

Defendant

Colette Quinn

Defendant

Sean Quinn Junior

Defendant

Brenda Quinn

Defendant

Aoife Quinn

Defendant

Stephen Kelly

Defendant

Peter Darragh Quinn

Defendant

Niall McPartland

Defendant

Indian Trust SA

Defendant

Forfar Overseas SA

Defendant

Lockerbie Investments SA

Defendant

Clonmore Investments SA

Defendant

Marfine Investments Limited

Defendant

Blandun Enterprises Limited

Defendant

Mecon FZE

Defendant/appellant

CJSE Vneshkonsalt

Defendant

OOO Stroitelnye Tekhnologh

Defendant

III RLC-Development

Defendant

Karen Woods

Defendant

Senat FZC

Defendant

Senat Legal Consultancy FZ LLC

Defendant

Michael Waechter

Defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the High Court was correct to grant leave to serve proceedings on Mecon FZE outside the jurisdiction under Order 11, rule 1(f), (g), (h) of the Rules of the Superior Courts
  2. 2 Whether the proceedings against Mecon FZE should be stayed on the grounds of forum non conveniens or lis pendens in favour of Indian proceedings
  3. 3 Whether the Brussels Regulation displaces the common law jurisdiction to stay proceedings in favour of a non-EU forum

Ratio Decidendi

The Supreme Court held that the High Court was correct to grant leave to serve Mecon FZE outside the jurisdiction as the claim was reasonably capable of proof and Mecon was a proper party to the proceedings. The Court further held that Mecon failed to demonstrate that India was clearly or distinctly a more appropriate forum, especially given the risk of fragmentation and inconsistent judgments. The appeal was dismissed and the proceedings in Ireland were allowed to continue against Mecon.

Court Disposition

Appeal dismissed

Orders

  • Leave to serve Mecon FZE outside the jurisdiction affirmed
  • Application for stay of proceedings against Mecon FZE refused