The Supreme Court has adjourned an appeal relating to a bid to disqualify developer brothers, Michael and Tom Bailey, from managing any company, to allow the Attorney General to address the court on whether reports by the Planning Tribunal can be used in disqualification proceedings.
The High Court ruled in 2007 that the Director of Corporate Enforcement was entitled to rely on an investigation by accountants Price Waterhouse Coopers into the affairs of Bovale Developments Limited over a two-year period, in his attempt to have the brothers disqualified as managing directors of any company.
But the court also ruled that the Director was not legally entitled to use reports from the Planning Tribunal as evidence of wrongdoing by the brothers between 1988 and 2000.
The Baileys appealed against the court's decision to allow the director to rely on the PWC report.
The Director cross-appealed against the decision not to allow him to rely on the planning tribunal reports.
This morning, the Supreme Court adjourned the hearing of the appeals until a date after Easter.
Ms Justice Susan Denham, said the view of the court, having read the papers, was that the AG should be given the opportunity to address the court on the issue of the standing of the Tribunal reports.
