The High Court will fix a date on Thursday for the hearing of an action between Dublin accountant Mr Noel Fox and a Cork man, Dr Michael Grimes. Three weeks ago, Mr John Gordon SC, for Mr Fox, secured an interim injunction restraining Dr Grimes, his servants or agents, from publishing or disseminating in any form any material contained in a letter sent to the chief executive of Aer Rianta, of which Mr Fox is a board member.
The order restrains Dr Grimes from publishing material in the letter relating to Mr Fox.
When the case came before Mr Justice McCracken yesterday, Mr Gordon said he would be applying for an interlocutory injunction against Dr Grimes. He asked that the case be held in camera.
Dr Grimes said he objected to anything being done behind closed doors. He said justice must be seen to be done in public.
When the case came before the same judge later, Mr Justice McCracken said there was no way he could hear it.
The judge then referred the case to Mr Justice Kelly's court where Mr Gordon said his client, who was in receipt of an interim injunction, was now seeking an interlocutory injunction against Mr Grimes. He was also applying for the hearing to be held in camera.
Counsel said Mr Justice McCracken had been unable to deal with the case because he was the judge who presided over the Dunnes Tribunal.
Dr Grimes said he anticipated the case would take half a day of court time. He would be opposing any attempt to hear the case in private.
Mr Justice Kelly said he would put the case in the list for mention on Thursday with a view to fixing a date for hearing next week. In the meantime, the interim injunction against Dr Grimes would continue.