The Murphy group, which was recently refused permission by the High Court for a judicial Review of the admittance of evidence to the Flood Tribunal, is to appeal to the Supreme Court.
The Murphy group has consistently disputed the admissibility of an affidavit filed in the Isle of Man courts in 1989 by a former JMSE chief executive, the late Mr Liam Conroy.
Mr Conroy lodged the affidavit as part of a claim for unfair dismissal. In it he is understood to make allegations about the tax affairs of the Irish companies in the Murphy group.
On Thursday last, when the admissibility issue went to the High Court, Mr Justice Geoghegan declined to allow leave for a judicial review. Yesterday, counsel for Mr Gogarty, Mr Frank Callanan SC, sought to have details of when the affidavit would be opened.
Mr Callanan said he would also like the tribunal to be given copies of the proceedings taken in Dublin by JMSE when it was in Mr Conroy's control, against Mr Joe Murphy snr and Mr James Gogarty, which were reported in The Irish Times of June 10th, 1988.