Lawyers for former Fianna Fáil minister Mr Ray Burke have been given five weeks by the High Court to make a statement of claim in a case challenging the jurisdiction of certain aspects of the Flood, now Mahon, tribunal.
The Master of the High Court, Mr Justice Honohan, ordered that the statement be made within five weeks, following an application by the State to dismiss the claim.
Mr Burke's lawyers issued a plenary summons on September 26th, 2003, challenging certain aspects of the tribunal and seeking costs. But no statement of claim was made then or since.
Mr David Barniville, for the State, said that "events have been occurring" which Mr Burke could say would prevent him making that statement of claim but counsel's submission was that this should not affect the proper conduct of proceedings.
Mr John Fox, for Mr Burke, said that the former minister intended to make submissions in relation to costs. The chairman of the tribunal, Judge Mahon, said he would make a ruling on costs in September.
Mr Fox said that should Judge Mahon rule in Mr Burke's favour, in part or in full, then the case before the High Court would be discontinued.
However, should he rule against Mr Burke the case would go ahead but would change substantially.
"There is no point in delivering a statement of claim until the chairman of the tribunal rules."
Mr Justice Honohan said this case was a matter of some public interest.
But he could not treat it differently to any other case where plaintiffs might say they were waiting for a consultant's report before proceeding.
He ordered that Mr Burke's statement of claim be made within five weeks.
Next week is the final week of the sitting of the High Court before the summer recess. The next sitting week of the High Court is in October.
