IN THE MATTER OF AN APPLICATION FOR REVIEW OF A DECISION OF THE CHARITY COMMISSION FOR NORTHERN IRELAND TO THE CHARITY TRIBUNAL FOR NORTHERN IRELAND.
Application No. 2/13
VICTORIA HOUSING ESTATES LIMITED
THE CHARITY COMMISSION FOR NORTHERN IRELAND
THE ATTORNEY-GENERAL FOR NORTHERN IRELAND
UPON this Application coming before the Tribunal for substantive hearing on 04.09.2015, having been adjourned from 27.04.2015;
AND UPON hearing from senior counsel for the Applicant and the Respondent and counsel for the Notice Party upon the absence of Mr. D. Tughan, an essential witness who is required for cross-examination by senior counsel for the Respondent and counsel for the Notice Party, due to Mr. Tughan's recent hospitalisation;
IT IS ORDERED THAT:
1. The substantive re-hearing of this Application is adjourned to Friday, 20.11.2015 in the Lands Tribunal Courtroom, Royal Courts of Justice, Chichester Street, Belfast for a one day hearing at 9.30am.
2. The Applicant's solicitors shall furnish to the Tribunal, by 11.09.2015, copied to the Respondent and the Notice Party, a comprehensive report from the Consultant Cardiologist treating the said Mr. Tughan detailing the history of Mr. Tughan's condition, the diagnosis and the current and planned future treatment of that condition. The report shall also detail the prognosis and, more particularly, set out any current or anticipated functional restrictions or limitations that are, or may be, experienced by Mr. Tughan and the nature of such restrictions. Finally, the report shall detail the anticipated recovery process, including the anticipated resolution of any functional restrictions or limitations that may currently exist.
3. Mr. K. Anderson and Mr. R. Wood, who have provided witness statements for the Applicant, that stand as their evidence in chief, shall, in addition to Mr. D. Tughan, attend the re-convened hearing at 9.30am on Friday, 20.11.2015, for the purposes of cross-examination by counsel for the Respondent and the Notice Party.
4. The parties have permission to apply for further directions provided such application is in writing setting out the full reasons for the application and, where applicable, before the time limit for complying with the direction has been reached.
5. Any communication from any party to the Tribunal shall be copied to the other parties, with the other parties, or either of them, being at liberty to make any submission they may wish in relation thereto.
Damien J. McMahon. 4th September 2015.