Quinn Infrastructure Services Ltd v Sullivan & Os

HIS HONOUR JUDGE PELLING QC SITTING AS A JUDGE OF THE HIGH COURT ____________________

Mr. Andrew Latimer (instructed by Hill Dickinson LLP) for the Claimant Mr. Paul Parker (instructed by Brown Turner Ross Limited) for the First Defendant Ms. Si�n Mirchandani QC (instructed by Brown Turner Ross Limited) for the Second to Fourth Defendants Hearing dates: 24, 25, 26, 29 and 30 April, 1, 2, 3, 7, 8 and 10 May 2019 21 November 2019 (Rolls Building) ____________________

The claimant maintains that part of the overcharging that took place funded the investment in ITXL and that the first as well as the second defendant benefitted from this by reason of first defendant's true beneficial interest in that company being held on his behalf by the second defendant.

Where it has been necessary for me to reach conclusions concerning the credibility of some of the witnesses from whom I heard oral evidence, I have done so in most cases by reference to the evidence given in relation to the substantive issues between the parties considered below, rather than attempting a wide ranging and free standing assessment of the credibility of particular witnesses before turning to the substantive issues, not least because my conclusions concerning credibility will depend in large part on a review of the contemporaneous documentation.

This issue is of significance because if it should be but is not included to the extent it should be that will lead to the undervaluation of the work carried out by the second to fourth defendants whereas if more of it is included than should be that will result in the overvaluation of their work.