Byrne Ansbacher case is adjourned

An application by businessman and property developer Mr John Byrne for an order quashing certain findings of the Ansbacher (Cayman) report referring to him has been adjourned at the High Court.

Because no judge was available to take it, the case was adjourned to the court's next list to fix dates.

Mr Byrne (85) was given leave in July 2002 to bring his challenge by way of judicial review. The proceedings are against the four inspectors who prepared the Ansbacher report - Judge Seán O'Leary, Ms Noreen Mackey, Mr Paul Rowan and Mr Michael Cush SC - who were all appointed by the High Court.

Mr Byrne contends that a number of findings in the report regarding him should be quashed because they were not justified by any evidence. He also argues that trusts referred to in the report were governed by Cayman law and that the inspectors had failed to take that into account.

In his proceedings, Mr Byrne is seeking a declaration that the conclusions of the inspectors in their report dated July 6th, 2002, in relation to two Cayman Island trusts - the Tristan Trust and the Prospect Trusts - were unreasonable and/or based on irrelevant considerations, failed to take into account relevant considerations and were unsupported by evidence.

Among the conclusions being challenged are that both trusts were operated as one in the interests of Mr Byrne and that control of them rested with him.

Other reliefs being sought are declarations that the inspectors, in arriving at the "trust conclusions", had acted in excess of their powers, had erred in law and had acted contrary to natural and/or constitutional justice.

Mr Byrne is seeking a further declaration that a conclusion of the inspectors that Mr Byrne was a client of Ansbacher (Cayman) Ltd was based solely on the finding that he was a person who established the trusts.