Businessman Jerry Beades wants his challenge aimed at prohibiting the appointment of Mr Justice Peter Kelly as president of the High Court heard by the Supreme Court.
On Monday, Mr Beades sought an interim order prohibiting the appointment of Mr Justice Kelly to head the State’s third-highest court.
He also sought an order stopping Mr Justice Kelly taking his seat on the bench until there has been a “proper” examination as to his “suitability”.
Allegedly biased
The businessman, from Richmond Avenue, Fairview, Dublin claimed in an affidavit that, when adjudicating matters in relation to Mr Beades, Mr Justice Kelly did so in an allegedly biased manner.
In previous proceedings in 2012, Mr Justice Kelly granted Bank of Scotland’s application for a €9.6 million judgment order against Mr Beades over loans advanced for property purposes.
After hearing the application on Monday, Mr Justice Gilligan refused it and also refused to grant a stay on Mr Justice Kelly's appointment pending an appeal to the Supreme Court.
The judge also awarded costs against Mr Beades.
Mr Justice Gilligan said there had been a delay in making the application which, he said, was designed to embarrass Mr Justice Kelly.
‘Without merit’
Lawyers for the State contended the application was without merit, vexatious and an abuse of process and should be struck out.
Mr Beades has appealed the decision to the Supreme Court.
The appeal was formally lodged on Tuesday afternoon. He claims there are exceptional circumstances in the case that merit a direct appeal to the Supreme Court rather than the Court of Appeal.
The matter will come before the court in the New Year.
Mr Justice Kelly took his oath of office before the Chief Justice and other members of the judiciary at the Four Courts on Tuesday morning.
He had received his seal of office from the President Michael D Higgins on Monday afternoon, in a ceremony that was delayed for an hour due to Mr Beades's application.