Dunnes must take steps to fit out its anchor store at Point Village, judge rules

A High Court judge has said he is satisfied Dunnes Stores is required to take certain steps for the fit-out of its anchor store in Dublin's Point Village.

Mr Justice David Barniville made the finding in a judgment on Friday concerning the latest stage in a lengthy litigation saga dating back some nine years between Point Village Development Ltd (PVD) and Dunnes.

The judge said he believed this was the fifth set of proceedings between PVD and Dunnes concerning the development of a shopping centre at the Point Village on North Wall Quay.

PVD has been in receivership since April 2013 when joint receivers were appointed by the National Asset Management Agency (Nama) over assets of PVD and some assets of businessman Harry Crosbie.

The latest judgment concerned whether Dunnes had breached certain provisions of the contractual arrangements agreed between PVD, Mr Crosbie and Dunnes, as later amended by the parties, concerning the fit-out of the anchor store and whether the court should grant orders compelling Dunnes to comply with its contractual obligations.

In his 83-page judgment, Mr Justice Barniville concluded PVD was correct in its construction of the contractual documents and Dunnes was incorrect.

He was satisfied Dunnes was, and is, under a contractual obligation to take various steps in connection with the fit-out of the anchor store; that it had failed, in breach of contract, to take those steps; that it continues to be in breach of contract and that the court should direct it to take the necessary steps.

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 said.

He will make final orders later after the sides have considered the judgment.