Evidence was halted for a short period when Mr Bailey said counsel for the tribunal, Mr Desmond O'Neill SC, had his "head spinning" with his questions.
"If you don't mind me saying, chairman, you are sending me round in circles and words and my head is reeling and I can't really hear what you're saying to me and that is a fact," Mr Bailey said.
Mr O'Neill replied: "Would you like me to speak louder?"
"Oh Jesus, chairman, I'm telling you honestly, chairman, this man has my head spinning with all the different questions he's asking me, I can't concentrate on it," replied Mr Bailey.
"You've just had a 20-minute break. We can't have another tea break," Mr Justice Flood said.
Mr Colm Allen SC, for Bovale Developments, intervened and asked permission to speak to the witness, only about his physical state.
This request was refused.
Mr O'Neill asked Mr Bailey if he would like a glass of water. "A glass of something else maybe," said Mr Bailey. Mr Flood said the tribunal's expense account "doesn't run to that".