DEVELOPER SEÁN Dunne is suffering from a flu-like illness, making him unfit to attend the opening yesterday of a court action in which he is being sued by estate agents CBRE over €1.5 million in alleged unpaid fees.

Mr Dunne has mild to moderate symptoms of a flu-like viral infection but has not been diagnosed with swine flu, his doctor Michael Meighan told the Commercial Court yesterday.

Tests are being carried out to determine the nature of his illness but the results will not be available until Friday, Ms Justice Mary Finlay Geoghegan heard.

Dr Meighan has advised Mr Dunne to stay at home in keeping with recommendations issued by the health authorities for dealing with the swine flu pandemic.

An application to adjourn the proceedings until Mr Dunne is better was rejected by the judge and the case is proceeding in his absence. The judge said Mr Dunne had given extensive instructions to his lawyers and could read the daily transcripts of the hearing so he would be sufficiently informed when he comes to give evidence.

Mr Dunne is a central witness in the proceedings in which CB Richard Ellis (CBRE) claims he owes it €1.5 million fees from the sale in February 2006 of a premises, Riverside IV, at Sir John Rogerson’s Quay, Dublin, and the part exchange of that with Hume House in Ballsbridge.

Mr Dunne denies the fees are due and has counterclaimed for €35 million, alleging CBRE advised him to buy Hume House for €130 million when the nearest competing bid was €102 million and its true value was between €65 million and €95 million.

CBRE says it advised Mr Dunne it could not justify significantly more than €65 million for the property and denies its directors Willie Dowling and Seán O’Brien persuaded him to bid €130 million.

The case is listed for eight days but, as it was due to open yesterday, Donal O’Donnell SC, for Mr Dunne asked for an adjournment on grounds his client was ill.

His GP for the last 19 years, Dr Meighan, gave evidence Mr Dunne had phoned him asking him to visit last Saturday morning saying he “felt he was coming down with a bug or flu”.

Dr Meighan said he visited Mr Dunne that afternoon and he complained of a number of problems, including tiredness and lack of concentration. The doctor formed the opinion he was suffering from an early viral illness.

Dr Meighan said he could not be more specific as to how the virus began or how long it would last but he noted we were in the middle of a swine flu pandemic. He had already prescribed Tamiflu earlier on Saturday which was collected by Mr Dunne’s wife, Gayle Killilea, who was in court yesterday.

Dr Meighan revisted Mr Dunne again on Monday at Mr Dunne’s request. Mr Dunne had complained he was worse, saying he lacked concentration, was having trouble sleeping and was suffering from sweats requiring three-hourly changes of his bed linen.

The doctor said he was now more sure Mr Dunne was suffering from a viral influenza. He took viral swabs which were sent for analysis to UCD and the results were due back on Friday.

The doctor said these were subjective symptoms given by the patient. He could only go on what Mr Dunne was telling him in relation to his ability to concentrate and to read any transcripts from the court case. When he spoke to Mr Dunne by phone yesterday morning, he sounded “sinusey” and his voice was huskier than normal.

Dr Meighan said he advised him he should stay at home for his own and for the public well-being, in compliance with the public advice on the swine flu pandemic.

Cross-examined by Michael Howard SC, for CBRE, Dr Meighan agreed Mr Dunne was not in the defined high risk group for swine flu and does not have its severe symptoms. He agreed Mr Dunne had not been diagnosed with most of the symptoms associated with swine flu.

He agreed Mr Dunne was not diagnosed by him as having a high temperature, another symptom of swine flu.

The case continues today.