Appeal court satisfied correct standard of proof had been applied by High Court judge
Trustees acting on behalf of 13 members of family-operated haulage firm Nolan Transport have failed to persuade the Court of Appeal that a High Court judge was wrong to treat some of their witnesses as unreliable.
The trustees – Ann, Elizabeth, Joan, Richard, Patricia and Sally Nolan – along with Quest Capital Trustees Ltd issued their High Court proceedings some years ago claiming their former solicitor and a former legal adviser misappropriated nearly €7 million of their pension funds after it had been internationally transferred, on their instructions, from an Irish bank account.
Mr Justice McDonald discharged a 2017 order that had restrained the Kennys’ Isle of Man-registered company from taking any steps to dispose of the Nemo Rangers property. Mr Justice McDonald found the Nolan trustees promoted an untrue story about the instability of Irish banks to “mask their true intention” of attempting to use family pension funds to settle personal debts.
In the trustees’ appeal to the Court of Appeal, they claimed Mr Justice McDonald was wrong to treat Richard and Patricia Nolan as unreliable witnesses and to have found they were prepared to engage in deliberate falsehood. He also incorrectly determined that the trustees’ intention in transferring their pension money was anything other than in accordance with their evidence, the trustees claimed.
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