THE action being taken by CountyGlen against members of the Carway family has been further adjourned. The case will begin on April 16th next, the High Court decided yesterday.
CountyGlen is taking actions against members of the Carway family, Anglo Irish Bank and a firm of solicitors, Connolly Sellors Geraghty Fitt, of Limerick.
On February 13th last, the court began hearing a preliminary issue on the admissibility of the report of the inspector into the affairs of CountyGlen, Mr Frank Clarke SC. The question was whether it could be admitted under Section 22 of the Companies Act 1990.
Last week, Miss Justice Laffoy ruled that, by virtue of Section 22, the report was admissible in all the actions on the basis of findings of primary facts. She said the issue in her ruling was the question of the proper construction of the section and did not go beyond that.
Following the ruling, the three defending parties indicated they would contest the constitutionality of the section. It reads: "The document purporting to be a copy of the report of an inspector under the provisions of this Act shall be admissible in any civil proceedings as evidence of the facts set out therein without further proof unless the contrary is shown."
Yesterday. the judge said that she was not satisfied she had the jurisdiction to order that the constitutional challenge be tried as a preliminary issue before CountyGlen's case against the Carways was opened.
The defendants would have to establish locus stand and some evidential foundation would have to be laid. She therefore would refuse the defendants' applications that it be dealt with as a preliminary issue.
The issue was going to arise when CountyGlen's evidence was admitted. She was directing that the constitutional issue be tried as soon as CountyGlen sought to put the report in evidence. Once the constitutional issue had been heard, the trial would continue in the usual way.
She directed that, in each action, CountyGlen should give to the defendants and the Attorney General particulars in writing of portions of the reports it sought to admit as evidence.
