4 Dail deputies will apply to the Supreme Court tomorrow week to join businessman David Hall's appeal against the issuing and payment of promissory notes.

They are Clare Daly, Luke 'Ming' Flanagan, Mick Wallace and Joan Collins.

Michael McDowell, SC, for the Minister for Finance said Mr. Hall is trying to 'fix his hand' after the High Court ruled he did not have the legal standing to take the action.

High Court President Nicholas Kearns said the proceedings should have been brought by a TD as what was questioned was the lawfulness of issuing promissory notes without a Dail vote.

Mr. McDowell also said that the passing of the IBRC Act 2013 overnight along with today's negotiations in Frankfurt may make the appeal moot.

This is denied by David Hall's barrister John Rogers, SC.

'Last night's bill does not effect matters. It hasn't been given effect to and issues arise in relation to the capacity of the Minister to act in the manner in which he did. That issue remains alive and can in no way be considered moot' he said.

David Hall wants the case heard as a matter of priority before the next €3.1 billion promissory note payment is due at the end of March.

Chief Justice Susan Denham said due to 'fast moving events' it might well be there is a degree of mootness to the case and while very important it may not have the same degree of urgency as it did before the High Court.

 Joan Collins of People Before Profit disagrees with Barrister McDowell.

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