An application by Cork property developer Owen O'Callaghan to stop the Mahon tribunal inquiring into matters related to the rezoning of Quarryvale in Dublin will come before the High Court next week.
Paul Gallagher SC, for Mr O'Callaghan, sought to make the injunction application yesterday but was told by Mr Justice Roderick Murphy that no judge was available to hear it.
The judge said he would list the matter for mention on Tuesday next with a view to securing a hearing as soon as a judge was available.
Mr O'Callaghan wants the injunction pending the outcome of judicial review proceedings aimed at preventing the Mahon tribunal further inquiring into or making any findings on allegations made against him by developer Tom Gilmartin.
A date for that judicial review has yet to be fixed, and the case will be mentioned again on January 12th.
The second Quarryvale module opened on Tuesday, but evidence from former government press secretary Frank Dunlop, due to begin on Thursday, was delayed by Mr O'Callaghan's legal proceedings.
In his judicial review proceedings, Mr O'Callaghan claims he no longer has faith in the fairness of the tribunal's processes and has accused it of "objective bias" in relation to how he has been treated compared to Mr Gilmartin.
He claims the tribunal ignored "glaring" inconsistencies between Mr Gilmartin's private statements to its lawyers and Mr Gilmartin's evidence on oath.
Mr Gilmartin has made "preposterous" and "entirely untrue" allegations in private to the Mahon tribunal, including claims that Mr O'Callaghan had made offshore payments to senior politicians, the developer claims.
He says those allegations were never mentioned in evidence by Mr Gilmartin at the tribunal's public sessions and were concealed by the tribunal.
He alleges the treatment by the tribunal of Mr Gilmartin's evidence in its first Quarryvale module indicates objective bias on the part of the tribunal against him and in favour of Mr Gilmartin.
He also claims the tribunal sought to protect Mr Gilmartin from the consequences of the disclosure of various statements made by him.
Mr O'Callaghan claims the alleged objective bias is evident from the tribunal's failure to disclose to Mr O'Callaghan - until ordered to do so by the High Court this year - statements by Mr Gilmartin to tribunal lawyers which were inconsistent with his direct evidence to the tribunal.
The proceedings have been taken against the tribunal by Mr O'Callaghan; John Deane, a solicitor and partner in O'Callaghan Properties; Riga Ltd, of Lavitt's Quay, Cork; and Barkhill Ltd, which developed Liffey Valley shopping centre in Dublin.