An appeal over the planned sale of the troubled Buy and Sell magazine will be heard by the Supreme Court next month.

The Chief Justice, Mrs Justice Susan Denham, yesterday agreed to fix June 5th for a priority hearing of the appeal by Dermica Ltd, a subsidiary of the Communicorp company owned by businessman Denis O'Brien, against a High Court decision conditionally permitting a liquidator to accept the higher bid made by Midland Web Printing Ltd for the magazine.

Raising issues
That sale was to be executed on May 1st but, prior to that, the High Court allowed Dermica time to consider if it wanted to raise any issues arising from matters set out in an affidavit of Neil Hughes, provisional liquidator of Buzreel Ltd, publisher of Buy and Sell and owner of the website buyandsell.ie.

When an appeal was brought by Dermica, the High Court granted a stay on the sale to Midland and the Supreme Court has continued that stay on conditions including that Dermica, should it lose the appeal, meet losses incurred by Midland as a result of the delayed sale.

'Off the road'
The appeal was mentioned yesterday to the Chief Justice when John O'Donnell SC, for Dermica, said it was urgent because Buy and Sell was "off the road" and the longer that remained the position, the more the asset would diminish in value.

Mr O’Donnell said the matter was also urgent as, should his side lose the appeal, they would be liable for damages arising from the delayed sale. The Chief Justice said the court hoped the deal with the appeal on June 5th.