Dunnes must take steps to fit out Point Village anchor store, judge finds
5 October 2021
Dunnes Stores is required to take certain steps to fit out its anchor store in Dublin’s Point Village, High Court judge, Mr Justice David Barniville has ruled.
The judge made the ruling on Friday in what has proved a lengthy litigation saga extending over nine years between Dunnes and Point Village Development Ltd (PVD).
Since April 2013, PVD has been in receivership, when joint receivers were appointed by Nama over both PVD assets and some assets belonging to businessman Harry Crosbie.
The Irish Times reports that this latest judgement examined whether Dunnes was in breach of contractual obligations regarding the fit-out of the Point Village anchor store and whether the court should grant orders that would compel Dunnes to comply with those obligations.
Mr Justice Barniville found in an 83-page judgment, that PVD was correct in its construction of the contractual documents and Dunnes was incorrect.
The judge said it seemed to him PVD was clearly entitled to orders requiring Dunnes to prepare and submit to PVD the fit-out plans under the relevant clause of the development agreement and to use its reasonable endeavours to obtain the “fit-out consents”, including a fire-safety certificate for the fit-out works, if such is required.
The judge is to make final orders later following both sides’ consideration of the judgment.