The work of the Flood planning tribunal is expected to be delayed by a Supreme Court decision yesterday quashing orders for discovery made by the tribunal in relation to a building company, its director and his wife.
The court, implementing its judgment reached earlier yesterday in the challenge by the former Taoiseach, Mr Charles Haughey, and his family to orders for discovery of their bank accounts made by the Moriarty tribunal, overturned the discovery orders made by the chairman of the planning tribunal, Mr Justice Flood.
Mr Justice Flood's orders were challenged by Bovale Developments Ltd, Fitzwilliam Square, Dublin; its director, Mr Michael Bailey; and his wife, Teresa, of The Ward, Co Dublin.
In the High Court, Bovale and the Baileys unsuccessfully sought a number of reliefs, including the quashing of orders made by the tribunal chairman directing the Bank of Ireland to hand over details of certain accounts.
The tribunal chairman had made orders of production and discovery in respect of the accounts earlier this year. The applicants secured a temporary High Court injunction restraining the bank from complying with the orders.
The High Court dismissed a judicial review application but continued the injunction pending the outcome of the appeal by Bovale and the Baileys to the Supreme Court of the High Court's decision.
Giving that court's judgment yesterday, the Chief Justice, Mr Justice Hamilton, referred to the court's judgment earlier in the day in the Haughey proceedings against the Moriarty tribunal.
He said there was nothing in the circumstances of the Bovale case which would justify the court coming to a conclusion different to that reached in the Haughey case.
The discovery orders were made in contravention of the requirements of constitutional justice, fair procedures were not adopted and such failure was not remedied by an insertion in the orders of a provision entitling the affected person to apply to the tribunal to carry or discharge the orders.
There were no exceptional circumstances where the requirements of fair procedures might be dispensed with.
The orders for discovery compelling the production of documents made last February 26th must be quashed, he said.
The Chief Justice said the quashing of the orders did not preclude the Flood tribunal chairman from making similar orders in the future, should it consider that making them was necessary for the purposes of its functions and provided he had regard to the principles of constitutional justice and applied fair procedures.