LAWYERS FOR businessman Harry Crosbie have claimed before the Commercial Court that the continuing failure of Dunnes Stores to open its anchor store at the Point Village in Dublin had “stymied” the shopping centre development there.
If Dunnes does not quickly move to fit out its store, the shopping centre will not open this year, Mr Crosbie said in an affidavit.
A company of Mr Crosbie’s, who the court heard last May negotiated a deal with the UCI Odeon Cinemas Group for a cinema at the development, has initiated court proceedings against Dunnes arising from alleged failure to honour agreements to fit out the store.
Declan McGrath, for Point Village, applied to Mr Justice Peter Kelly yesterday to fast-track the case, which he described as a bid to enforce settlement of previous court proceedings requiring Dunnes to have completed the fit-out by April last. Dunnes had totally ignored its obligations under that settlement, counsel said. As a result, the shopping centre development had been stymied with “huge commercial consequences”.
A separate part of the Point Village was operating successfully.
The transfer application was resisted by Paul Coughlan, for Dunnes, on grounds it was not made with the urgency required.
Mr Coughlan argued Mr Crosbie had delayed for a commercial advantage until the UCI negotiations had been completed.
Mr Justice Kelly declined to transfer the case because of delay in bringing the application.
