A Woodbourne Avenue resident began an action in Supreme Court yesterday to strike out a decision by the Environment Minister which overturned a Development Applications Board refusal.

The DAB had rejected a bid by the owners of the ACE Insurance building on Woodbourne Avenue to add on two floors.

But Scarborough Property Holdings appealed the decision to Environment Minister the Hon. Gerald Simons, who overturned it in August.

Mr. Alfred Barber turned to the Supreme Court, arguing the additional floors Scarborough was proposing to add on to the ACE building would overlook his property and invade his privacy.

At the start of the hearing before Chief Justice the Hon. Mr. Justice Ward, Mr. Barber's lawyer Mr. Alan Dunch protested against Scarborough lawyer Mr.

Andrew Martin being present.

Mr. Dunch said Mr. Martin had no right to be present at the hearing. It was "an abuse of process'', he said. There was "no jurisdiction (in Supreme Court) to grant non-party participation. In short, he has no right to be here ...'' But Mr. Martin argued his client was party to the proceedings because they had been served with notice of the Minister's decision.

"The principle is clear. If you are entitled to be served notice of the decision you are entitled to be heard,'' he said.

Government lawyer Mr. Philip Holder said the Minister had no problem with Scarborough being present at the hearing if it wanted to air legitimate grievances.

"They should not be ousted from this jurisdiction in any way,'' he said.

There were no rules barring Scarborough's presence, he submitted. It was up to the court's discretion.

However, Mr. Dunch insisted the case should not be opened for a re-hearing.

Mr. Ward adjourned the matter, saying he needed more time to reach a decision.