The names of the beneficial owners of lands held by Jackson Way Properties in the Carrickmines area of Dublin were sought by Dún Laoghaire Rathdown County Council from the company in July but were not provided, the arbitration hearing was told.
Mr Dermot Flanagan SC, for the council, said the local authority sought this and other information from Jackson Way Properties, as it was concerned about the possibility of further compensation claims being presented to the council at some future date by persons with an interest in the lands the council was compulsorily purchasing for the completion of the M50.
He said that under an 1845 Act, somebody with an interest in the lands could come forward at a later date and seek compensation. The request for the details was declined, he added, which created "practical difficulties" for the council.
The ownership of the company is unclear despite investigations by the Flood tribunal, which examined allegations that Jackson Way had made payments to county councillors in an attempt to have the land rezoned. Documents in the possession of the Criminal Assets Bureau, which is investigating Jackson Way, have suggested Mr James Kennedy, the amusement arcade owner who bought the lands for just €685,000 in the 1980s, was the beneficial owner of Jackson Way.
A Belfast-born lawyer, Mr John Caldwell, has told the Flood tribunal he holds the lands "to my order" but denied owning them.
Mr Flanagan told yesterday's hearing, however, he was grateful for some new information provided to the council by Jackson Way's solicitor, Mr Stephen Miley, over the past four weeks in relation to the names of people with title to rights of way over the lands.
It also emerged at yesterday's hearing that the council had made "an unconditional offer" of compensation to Jackson Way last month. The amount offered was not disclosed.
Mr O'Neill argued it did not constitute an unconditional offer under relevant legislation.
The arbitrator, Mr John Shackleton, will rule on whether the offer was properly constituted after Mr Flanagan has had an chance to respond. His submission is expected tomorrow.