Application preventing Baileys acting as directors to resume

The Director of Corporate Enforcement is to resume his application for court orders disqualifying developers Michael and Thomas Bailey from acting as company directors on grounds of alleged misconduct and fraud in the conduct of the affairs of their company, Bovale Developments.

The director initiated the proceedings in 2006 but they were delayed after the Baileys brought proceedings challenging the admissibility of material on which the director wanted to rely.

After the Supreme Court dealt yesterday with costs issues arising from the hearing of those disputes, Denis McDonald SC, for the director, sought clarification the application could resume. The Chief Justice, Ms Justice Susan Denham, said the matter would go back to the High Court and should be expedited. Earlier, the five-judge court made costs orders arising from rejecting the Baileys’ bid to overturn a 2007 High Court decision permitting a PricewaterhouseCoopers report criticising the conduct of the affairs of Bovale over a two-year period to be used in the disqualification proceedings.