Proceedings in which former Taoiseach Mr Charles Haughey and members of his family are seeking to prevent the Moriarty Tribunal investigating their financial affairs have been adjourned until Thursday.
It is expected that a date may then be set for the proceedings to be heard. They are unlikely to start before next week at the earliest and could last for a number of days.
The case may also be further delayed if there has to be a preliminary hearing in relation to production of certain State documents.
The plaintiffs in the action are Mr Charles J. Haughey, his wife Maureen, daughter Ms Eimear Mulhern and his sisters Ms Ethna Haughey and Ms Maureen Haughey. The proceedings are against the sole member of the tribunal, Mr Justice Michael Moriarty, the clerks of the Dail and Seanad, Ireland and the Attorney General.
The Haugheys are seeking an interlocutory injunction restraining Mr Justice Moriarty from inquiring into their financial affairs. The State has brought proceedings to strike out moves by the Haughey side on claims that the Houses of the Oireachtas were not properly convened to set up the tribunal.
Mr Justice Geoghegan asked if the hearing of the interlocutory application could be treated as the hearing of the action. Mr John Coughlan SC, for the tribunal chairman, said his side was ready and he was instructed to apply to the court for the earliest possible date for the hearing.
Mr Frank Clarke SC, for the State, said the Attorney General was also anxious that the matter be determined at the earliest possible date. It was clearly in the public interest that the tribunal's work should not be impaired.
It was clear that the pleadings in the action would have been completed by today or tomorrow, counsel added.
Mr Clarke said that unless the parties reached agreement on the discovery of documents, it would have to be resolved by the court.
Asked by the judge if discovery matters were likely to be highly controversial, Mr Colm Condon SC, for Mr Haughey, replied: "Yes."
Mr Condon - who is with Mr Eoin McGonigal SC, Mr Eamonn Leahy SC, Mr Paul Gardiner and Mr Niall Fitzgibbon - said it appeared they would have to argue the entire constitutional aspect of the case.
The judge asked if Mr Justice Moriarty would be prepared to delay the tribunal, pending the outcome of the court hearing.
Mr Coughlan said the sole member had been charged by the Oireachtas to carry out inquiries expeditiously. The tribunal intended to continue its work as it had done to date, which was in private. However, counsel said that if the action was brought on for hearing next week, people involved in the work of the tribunal, including counsel, would obviously be involved in the action.
Mr Condon said most of the issues in the action were not matters of fact but were issues of law.