Planning tribunal chairman seeks early hearing of case

The chairman of the planning tribunal has asked the High Court for the earliest possible hearing of a case which has temporarily…

The chairman of the planning tribunal has asked the High Court for the earliest possible hearing of a case which has temporarily prevented documents being produced to the tribunal.

Counsel for Mr Justice Feargus Flood told the court yesterday that a case in which Bank of Ireland has been stopped from producing documents to the planning tribunal affecting a building company, its director and his wife should be disposed of at the earliest possible date.

On Monday last, the High Court granted a temporary order to Bovale Developments Ltd and to company director Mr Michael Bailey and his wife, Teresa, restraining the bank from handing over to the tribunal documents or records affecting the company or the Baileys.

Yesterday, Mr Justice Geoghegan granted an order to the tribunal chairman reducing the time for the filing and serving of all pre-hearing documentation by the parties in the case.

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Mr Patrick Hanratty SC, for the tribunal, said his side felt the case should be dealt with at the earliest possible date.

Mr Justice Geoghegan said he would be starting the hearing of an action taken by former Taoiseach Mr Charles Haughey and members of his family, in which they are seeking to stop the Moriarty tribunal investigating their financial affairs, on Tuesday next.

The proceedings in the Bovale case would not be heard until after that had concluded, the judge said.

The planning tribunal is investigating matters concerning Mr Bailey and his companies and is seeking the production and discovery of documents.

Bovale, and Mr and Mrs Bailey, are claiming that the orders for discovery and production made by the tribunal in respect of two accounts at the Bank of Ireland represent an unjustified interference with their constitutional rights, in particular their right to fair procedures and privacy.

Mr Justice Geoghegan said that in principle it would be his view that the Bovale case should be heard as quickly as possible for the same reasons that the Haughey case should be heard as quickly as possible.

Those reasons were that the work of the tribunals should not be held up.

The action taken by the Haugheys was to have started earlier this month but was deferred after Mr Haughey broke his leg in a horse-riding accident at Portmarnock Strand, Co Dublin, some weeks ago and was not in a position to come to court to give evidence.

The hearing of that action is expected to last six days.