An application to restrain an investigation into claims made against the chief executive officer of Shannon Foynes Port Company and a non-executive director of the port company will be heard on January 11th.

Brian Byrne, who has been suspended since October 19th, and Morgan Leahy, who is a non-executive director of the company, want injunctions restraining the investigation proceeding any further, pending the outcome of court proceedings between them and the port company.

Mr Leahy, the court has earlier heard, had refused a request by the port company to "stand aside".

It has been claimed in earlier hearings that "totally untrue" allegations have been made by a Limerick port service provider, Brian Cosgrave, as part of an attempt by property developer John Hegarty and a "disgruntled" Mr Cosgrave to "derail" the Limerick Docklands Initiative.

The injunction application was listed before Mr Justice Frank Clarke yesterday to see if it could be heard before the court term ends today. The judge was told there was no realistic prospect of that but said he could hear it on January 11th.

Gerard Hogan SC, for the port company, said an undertaking by his side not to proceed further with the investigation was due to lapse today. He would see if it could be further extended but the matter was "of considerable urgency".

Paul Gardiner SC, for Mr Byrne and Mr Leahy, said the allegations against his clients were made last August and there had been little urgency since about advancing matters.

The investigation committee had not even given his clients evidence supposedly existing against them and the port company had "abdicated" its responsibility.

In those circumstances, "the sudden urgency" to get the matter on was surprising, he said.

Mr Hogan said the port company had stood back from issues relating to the investigation committee and its procedures because those matters were for the committee. However, his silence was not to be taken as acquiescence with what Mr Gardiner had said. He said he would get instructions on the issue of the undertaking.

Mr Justice Clarke said the sides were free to mention the matter again when the issue of the undertaking was clarified. Later yesterday, the judge was told the port company would continue the undertaking until January 11th.

The judge said he would hear the injunction application that day and also listed the port company's case for mention against Mr Byrne and Mr Leahy for that same date.