AN application to have an examiner appointed to companies involved in the ownership of 13 acres of land in Dundrum, Co Dublin, which owe over £5 million to ACC Bank, was adjourned until tomorrow in the High Court yesterday.

The petitioners are Mr Aidan Kelly, Rathfarnham, Co Dublin and Manderley Holdings Ltd, the shareholders of Suresun Ltd, Upper Fitzwilliam Street, Dublin. The company has shares in Cabriole Construction Ltd, Dundrum Property Investments Company Ltd and Dalehall Property Company Ltd.

Yesterday, Mr Bill Shipsey SC, for the petitioners, said he was looking for an adjournment as they had only recently received a replying affidavit which contained a number of very serious matters raised on behalf of ACC.

The affidavit which was being prepared by his client would require to exhibit certain documents in the possession of the receiver who was appointed last week to the companies. No interim examiner was in situ.

Mr Shipsey said further discussions had taken place with parties interested in developing the 13 acres. It was hoped a proposal might be put by tomorrow.

This possibility had only just come up and the necessity to proceed with the petition might not arise.

He said that of the 13 acres, 5.7 acres were the subject of threatened CPO proceedings for the Dundrum bypass. Mr John O'Donnell, counsel for ACC, said he was opposing the application for an adjournment. The purpose of the adjournment was not simply to try and allow for some sort of arrangement to take place. That proposition had already been put to his client that afternoon and been rejected. He said ACC was owed £5 million. His client was anxious the receiver should be left in situ and not be left in a position of uncertainty. Mr Ian Finlay SC, for the receiver, said he would adopt the submission of Mr O'Donnell.

The Revenue Commissioners were neither objecting nor consenting to the application.

A solicitor for Don Lay Ltd said it was owed £1 million.