Baileys’ appeal against use of tribunal reports adjourned

THE Supreme Court has adjourned an appeal over whether the Director of Corporate Enforcement can use material such as a tribunal of investigation report in his proceedings against brothers Michael and Tom Bailey seeking their disqualification from company management.

The High Court ruled in November 2007 that the director is entitled to rely on an investigation by accountants PriceWaterhouseCoopers into the affairs of their Bovale Developments company over a two-year period in a bid to have the Baileys disqualified from management, on the grounds of alleged misconduct and fraud in relation to the affairs of that company.

However, Ms Justice Mary Irvine also ruled the director was not legally entitled to use certain other materials, including reports of the Planning Tribunal, as additional evidence of wrongdoing by the brothers or evidence of alleged wrongdoing over a 12-year period from 1988 to 2000.

Michael Bailey, of Killamonan House, The Ward, and Tom Bailey, Coolcommon, Batterstown, both Co Meath, brought an appeal against that decision, which was due for hearing yesterday in the Supreme Court.

The director cross-appealed that the High Court erred in finding that a tribunal report has no evidential value in disqualification proceedings and can only be used as a source to assist in finding other evidence.

The appeal was adjourned to a date yet to be fixed after Ms Justice Susan Denham said the court was of the view the Attorney General should first be given an opportunity to address the issue of the standing tribunal reports in cases like these.

Ms Justice Denham was sitting with Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly, Ms Justice Fidelma Macken and Mr Justice Joseph Finnegan.