THE preliminary issue in the case being taken by CountyGlen against members of the Carway family was adjourned until Tuesday in the High Court yesterday.
The issue, which has already continued for four days before Miss Justice Laffoy, is whether the report of the inspector, Mr Frank Clarke SC, can be admitted as evidence in the main case in which allegations of fraud are being made.
CountyGlen has contended that the report is admissible under Section 22 of the Companies Act 1990.
The Carway family claims that when the High Court had to make a judgment, it could not rely on the report for the simple reason that the inspector had made a judgment. The court would be abdicating its responsibility if it relied on the report's contents. Also disputing the admissibility of the report is AIB and a firm of solicitors against whom CountyGlen is taking actions. These cases will follow the case being taken by the company against the Carways.