Dunnes Stores given limited stay on Point Village fit-out

Judge said retailer entitled to have arguments heard at Court of Appeal and awarded costs to PVD

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Dunnes Stores has been granted a limited stay on fulfilling a recent High Court order, to fit out a long-awaited anchor store at Dublin’s Point Village.

Earlier this month, Mr Justice David Barniville gave an order that the supermarket chain carry out the work, as requested by Point Village Development Ltd (PVD). 2021 marks the fifth year that has passed since the original deadline by which Dunnes Stores was required to have completed the work.

On Wednesday, 20 October, The Irish Times reports that Dunnes was granted a limited stay in relation to fit-out, pending appeal of the High Court decision.

Acting on behalf of PVD, Michael Collins SC urged the judge not to grant a stay, on the grounds that Dunnes had not identified any substantial grounds for an appeal.

He claimed Dunnes’ points bordered on the unarguable and that the group’s lawyer, Martin Hayden SC, with “his characteristic anarchic brilliance” had succeeded in delaying the project for 10 years.

Hayden responded by thanking him “for the promo and I will forward the bank draft in due course”. He also disagreed with Collins’s suggestion that Dunnes had lost in most of its cases regarding the decision and said “we are not ahead on numbers but not that far behind”.

Ultimately, Mr Justice Barniville said Dunnes is entitled to appeal and the appeal itself does not operate as a stay.

Although not immediately obvious what Dunnes’ grounds of appeal were, he said the retailer was entitled to air its arguments before the Court of Appeal. He expected that the case would get an early hearing date.

Arguments for a further stay could be made before that the Court of Appeal, the judge added.

He awarded the costs of the case to PVD.

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