The Supreme Court has indicated there will be a hearing within weeks of Cork property developer Owen O'Callaghan's appeal against the High Court's rejection of his bid to prevent the Mahon tribunal's further inquiring into or making any findings on allegations made against him by developer Tom Gilmartin.
Jack Fitzgerald SC, for the tribunal, undertook before the Supreme Court yesterday that the tribunal would not proceed, pending the appeal, to public inquiries into those allegations. The tribunal proposes to carry out those inquiries in its Quarryvale Two module.
Mr Fitzgerald said his side was anxious to have an early hearing and would have its response to the appeal submissions from Mr O'Callaghan, which they had received yesterday, ready within days.
Paul Gallagher SC, for Mr O'Callaghan, told the court his side's books of appeal were ready, but it was hoped agreement could be reached with the tribunal side regarding the contents of those books in order to limit the quantity of documents before the court. The appeal was expected to last two to three days, he said.
His side had no difficulty with the tribunal continuing with private hearings but wanted a stay on public hearings into the allegations against Mr O'Callaghan.
Mr Gallagher also noted that the High Court had stated that a stay on an order for costs made against Mr O'Callaghan would continue on the basis of the books being ready by yesterday. It is believed the costs of the unsuccessful High Court action run to about €2 million.
Mr Justice Adrian Hardiman, presiding, and sitting with Mr Justice Hugh Geoghegan and Mr Justice Nicholas Kearns, said the court was concerned that this matter was of public as well as private importance. While the case was not yet ready for an expedited hearing, the sides could apply to the court in two weeks' time when the appeal documents would be finalised for an early hearing date for the appeal.
Earlier this month, Mr Justice Thomas Smyth dismissed on all grounds the challenge brought by Mr O'Callaghan; John Deane, a solicitor and a partner in O'Callaghan Properties; Riga Ltd, of Lavitt's Quay, Cork and Barkhill Ltd, the company which developed the Liffey Valley shopping centre in Dublin.
Mr O'Callaghan had claimed Mr Gilmartin has made "entirely untrue" allegations in private to the tribunal.
