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Michael Collins SC, for Red Flag, said he understood the imaging order continues until all appeals are exhausted and Mr Beatty had signalled a possible application to the Supreme Court.
In his appeal, Mr O’Brien claimed the dossier was compiled for the “hostile” motive of damaging him and he disputed Red Flag's claim it prepared the dossier in the ordinary course of business for a client whose identity it is entitled to keep confidential.
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If there was any objection to the costs order, submissions could be filed on that within four weeks, he added.
When Mr Beatty said he was anxious an imaging order aimed at preserving material from devices of Red Flag should remain in place, Mr Justice Ryan said that was not a matter before the COA but he believed it would be unwise to rush to alter the current position.
“I have been in the ——- area for a few years now and always looking to meet new people. I enjoy meeting new people and going to new places.
That earlier application was a "legitimate" application and was one that had been considered and refused by the High Court.
Because the main appeals were by Mr O'Brien, and Red Flag's cross-appeal was "relatively insignificant", the judge said the court had decided to award costs against Mr O'Brien, with a stay on payment pending the final determination of the case.
That in itself was not sufficient to establish a conspiracy on the part of that client, or to demonstrate that Red Flag itself was a co-conspirator with the client.
If the dossier was actually published by Red Flag, and it has defamed Mr O'Brien, then he had a remedy under the Defamation Act 2009, he said.
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