Cork property developer Owen O'Callaghan is facing a substantial legal costs bill arising from the Supreme Court's rejection of his action to stop the Mahon tribunal making further inquiries into allegations against him.
The Supreme Court dismissed Mr O'Callaghan's challenge by a four-to-one majority earlier this year and the court yesterday directed that he must pay the legal costs of the tribunal in opposing the developer's bid to halt that inquiry.
The tribunal is carrying out its further inquiries in its Quarryvale Two module, which was deferred pending the outcome of the case.
The majority Supreme Court upheld the High Court's decision that Mr O'Callaghan had failed to show the tribunal was objectively biased against him and in favour of Mr Gilmartin in relation to its treatment of Mr Gilmartin in the Quarryvale One module.
It found the tribunal had not behaved unfairly to Mr O'Callaghan and had not prejudged his credibility unfavourably and Mr Gilmartin's credibility fairly. The tribunal was only in its investigative stage, the court stressed, and it accepted that the tribunal would determine the issue of credibility only after all the evidence was gathered and the public hearings.
Mrs Justice Susan Denham said Mr O'Callaghan had established no basis upon which to stop the tribunal proceeding with its work. Aspects of Mr O'Callaghan's appeal illustrated "a degree of antagonism" to the tribunal, she remarked.
The judge also expressed concern at the court being brought by Mr O'Callaghan through a "microscopic" analysis of decisions of the tribunal.
In the High Court in October last year, Mr Justice Thomas Smyth dismissed on all grounds the challenge brought by Mr O'Callaghan; John Deane, a solicitor and partner in O'Callaghan Properties; Riga Ltd, of Lavitt's Quay, Cork; and Barkhill Ltd, which developed Dublin's Liffey Valley shopping centre.
Mrs Justice Denham, Mr Justice Hugh Geoghegan, Mr Justice Nial Fennelly and Mr Justice Joseph Finnegan upheld the High Court decision, while Mr Justice Adrian Hardiman dissented.