The chairman has adjourned the planning tribunal until next Tuesday after lawyers for the Murphy group and the Baileys complained that they had been given no prior notice of witnesses being called yesterday.
When Mr James Gogarty finished his evidence, Mr Patrick Hanratty SC, for the tribunal, said there were witnesses ready to proceed.
However, Mr Garrett Cooney SC, for the Murphy group, said much to their surprise and astonishment, Mr Hanratty had informed them five minutes before that a number of witnesses were to be called, including bank managers and journalists.
They now found with no notification whatsoever that it was intended to put into the witness box a number of people whose evidence was of some considerable importance to his clients.
They had made detailed submissions at the beginning of the tribunal as to why there was no opening statement of the tribunal and had been informed that there were exceptional circumstances because of Mr Gogarty's age and health.
Mr Hanratty said it had already been explained about the opening statement that they were taking Mr Gogarty's evidence out of turn. It had been ruled on. He would have thought at this stage an opening statement was superfluous.
People who were about to be called were purely independent witnesses as to fact and they believed uncontroversial fact. Their statements had already been circulated, he said.
Mr Justice Flood said: "It would I think be in everybody's interest to, as it were, regroup like all battle groups which have come through a period of contest." He adjourned until Tuesday.
Among those who attended yesterday's hearing ready to be called were Mr Matt Cooper, the Sunday Tribune, Mr Frank Connolly, the Sunday Business Post and Mr John Ryan, former editor of Magill magazine, all of whom were granted limited legal representation.