Written answers
Thursday, 4 July 2013
Department of Finance
IBRC Legal Cases
Pearse Doherty (Donegal South West, Sinn Fein)
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101. To ask the Minister for Finance the person who signs off on and authorises the continuation of all legal proceedings and the issue of new proceedings from the date of the appointment of the special liquidator at Irish Bank Resolution Corporation. [32765/13]
Michael Noonan (Limerick City, Fine Gael)
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I have been advised by the Special Liquidators that the continuation or otherwise of all legal actions are signed off by the credit committees of the Special Liquidators.
Pearse Doherty (Donegal South West, Sinn Fein)
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102. To ask the Minister for Finance the way court awards against the special liquidator will be funded. [32766/13]
Pearse Doherty (Donegal South West, Sinn Fein)
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103. To ask the Minister for Finance the way any court awards in favour of the special liquidator will be allocated and applied. [32767/13]
Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 102 and 103 together.
I am advised by the Special Liquidators that where proceedings were initiated against IBRC prior to the appointment of the Special Liquidators these awards may rank as an unsecured creditor in the liquidation. I am further advised that awards against the Special Liquidators will be treated as a cost of the liquidation and funded through the sale of the assets of IBRC (in Special Liquidation). I am advised that Court awards in favour of the Special Liquidator will become an asset of IBRC (in Special Liquidation) and will be distributed to the creditors subject to the normal legal priorities as set out in the Companies Acts.
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