Mr Justice Flood said he was "contemplating" making an order today compelling Mr Michael Bailey to produce documents relating to companies he has been involved with since 1989.
His comments followed Mr Bailey's refusal, after taking legal advice, to provide the tribunal with the names and accounts of the companies and details of financial transactions handled by his solicitors, Smith Foy and Partners.
When initially asked for the documents Mr Bailey said he had "no problem doing it", but after consulting with his counsel, Mr Colm Allen SC, he said he wished not to disclose the material.
Mr Allen said requesting the documents from Mr Bailey without any prior notice was a "form of ambush".
Mr Bailey was asked by counsel for the tribunal, Mr Desmond O'Neill SC, for three sets of documents: a list of companies he was involved with since 1989 to the present day, the accounts of these companies and details of financial transactions made through his solicitors, Smith Foy & Partners.
Mr O'Neill said the tribunal's request also covered companies Mr Bailey was involved with outside the Republic's jurisdiction.
When asked the question initially by Mr O'Neill, Mr Bailey said he would get the documents "as soon as possible".
But Mr Allen intervened and said: "I think it is unfair to put these questions to the witness without giving him the opportunity of consulting his legal adviser as to what his rights are in regard to these matters."
Mr Allen said it was unfair to ask such questions because he believed Mr Bailey did not have "any understanding of the implications of what he is being asked".
After a 20-minute adjournment to enable Mr Bailey to obtain legal advice, the requests were put to him again by Mr O'Neill.
He said: "What is being requested is Mr Bailey's consent to have this documentation disclosed to the tribunal. I am not trying to trip up this witness in any way".
When asked if he would give the accounts of the companies to the tribunal, Mr Bailey said: "My counsel has advised me, this has been sprung on me. I don't know where I am, to be honest." When asked about transactions handled by Smith Foy & Partners, he said the "answer is the same as the previous one".
When the tribunal resumed after lunch Mr Justice Flood said he was "contemplating" making the order, but would take submissions on the issue at 2 p.m. today. Mr Allen indicated he would be making a submission.