Judgment reserved on Dunnes challenge

The High Court has reserved judgment on a challenge by Dunnes Stores to the appointment of an authorised officer to two of its companies.

In the proceedings, Dunnes is seeking an order quashing the appointment of Mr Gerard Ryan as authorised officer to Dunnes Stores Ireland Company and Dunnes Stores (Ilac Centre) Ltd.

The 11-day hearing before Mr Justice Kinlen heard claims from Dunnes that the officer was appointed for "threadbare" and unjustifiable reasons and that the authorised officer was effectively conducting a "trawl" through Dunnes' affairs. It claimed the same ground was being "picked over" in this inquiry as had already been covered in other inquiries.

Dunnes also alleged there was a Departmental policy of "leaking" confidential information about Dunnes to the media, claims which were denied by the Secretary General of the Department.

The State argued there were ample reasons for Mr Ryan's appointment and said the Minister's concerns regarding the affairs of the two companies arose from the findings of the McCracken Tribunal, of the authorised officers appointed to investigate the affairs of other companies and from the Institute of Chartered Accountants Inquiry chaired by Mr John Blayney.

Mr Ryan in an affidavit said he could only conclude from the behaviour to date of Dunnes Stores Ireland Company and Ms Margaret Heffernan, a director, that they did not intend to co-operate with him in his work.

It is expected Mr Justice Kinlen will deliver judgment sometime next month.