Businessman Denis O'Brien has said he wants three High Court judges to hear his case alleging statements by TDs in the Dáil about his affairs are not absolutely privileged.
His lawyers told the court this afternoon there were similarities between arguments to be advanced in Mr O'Brien's case and those being made in the action by former Rehab CEO Angela Kerins against the Dáil Public Accounts Committee and the State.
Ms Kerins' case is being heard by a three-judge division of the High Court.
Senior Counsel Michael Cush said it may be appropriate for a three-judge court to hear Mr O'Brien's case, which is listed for hearing in November.
Divisional courts are usually convened when the matter being tried is of major legal or constitutional importance.
In his case against the Dáil Committee on Procedure and Privileges and the State, Mr O'Brien raises issues about whether statements made in the Dáil by Social Democrats TD Catherine Murphy and Sinn Féin TD Pearse Doherty about Mr O'Brien's banking affairs with the Irish Bank Resolution Corporation, attracted absolute privilege.
Mr Cush said Mr O'Brien was contending there was no such absolute privilege. He claimed utterances in the House must not usurp the judicial domain and must be linked to the legislative process.
Lawyers for the Committee said Mr O'Brien's case was against a different Dáil committee from the PAC.
The court heard lawyers for the Committee and for the State wanted to see formal written submissions from Mr O'Brien's side before outlining their position.
Mr Justice Peter Kelly said the submissions should be delivered next Wednesday and would be considered by the court before a decision is made on whether three judges would hear the action.
