A property developer has asked the High Court for permission for a legal challenge aimed at quashing certain findings relating to him in the recently-published report into Ansbacher (Cayman) Limited.
Mr John Byrne, (83), with an address at Simmonscourt Lodge, Simmonscourt Road, Ballsbridge, Dublin, is seeking several orders on a number of grounds.
Mr Bill Shipsey SC for Mr Byrne said his client was contending that a section of the inspectors’ report contained a number of findings, which insofar as they were findings of fact, were not justified by the evidence.
He also argued there was no adequate evidence to support the findings.
The intended proceedings are against the four court appointed inspectors who compiled the report - Judge Sean O’Leary, Ms Noreen Mackey, Mr Paul Rowan and Mr Michael Cush.
In the report, when referring to an entity known as the Tristan Trust, the inspectors stated they were satisfied "that the legal ownership of the Group vested in the Trust but the control remained with Mr Byrne".
Mr Byrne argues the Group being referred to is evidently the group of companies ultimately owned by the Trustee of the Tristan Trust.
He says the evidence on which the inspectors' conclusion was based had not been identified and the documents on which the inspectors purported to rely did not justify any such conclusion. He also said the inspectors failed to take into account Cayman's law when arriving at their conclusions.
Mr Bill Shipsey said while all four inspectors had purported to arrive at the report's conclusions, Mr Byrne gave evidence only to Judge O’Leary and Mr Rowan.
Given that Mr Byrne's credibility was at issue he should have been interviewed by all four inspectors.
Mr Justice McKenchie will give his decision on the application today.