An action in which Dunnes Stores is seeking to prevent an authorised officer, appointed by Enterprise and Employment Minister Ms Harney, from investigating the affairs of two of its companies was adjourned at the High Court yesterday.
On consent of the parties, Mr Justice Quirke adjourned the matter for two weeks.
Last month, Mr Justice Budd gave leave to Dunnes to seek, by way of judicial review, an order of prohibition preventing Mr Gerard Ryan from acting as authorised officer to Dunnes Stores (Ireland) Ltd and Dunnes Stores (Ilac Centre) Ltd. Dunnes was also given leave to seek an order quashing the decision to appoint Mr Ryan.
Dunnes was further given leave to seek a declaration that Section 19 (6) of the Companies Act 1990 does not permit statements made by a person under the Act to be used in evidence in any criminal prosecution against that person.
Mr Justice Budd said the granting of leave would act as a stay on Mr Ryan's investigation until further order of the court. He gave liberty to the Minister to apply to the court regarding the matter.
In the course of the application by Dunnes, the court was told that the authorised officer was seeking to examine some 120,000 documents dating back to when the company was incorporated. Dunnes also claimed the inquiry being undertaken into its companies' was "unsupported by any facts or any adequate facts as would justify an inquiry of such breadth and expense".
