A company which operates trawlers in the south east has brought High Court proceedings to prevent the Port of Waterford Company closing two wharves in the port to fishing vessels. The action, in which the Attorney General is also a plaintiff, is also aimed at preventing the port company selling the wharves.

Fishing vessels have been using the two wharves for several years and while a contract for their sale was due to close last March, the port company has agreed to the status quo being maintained pending the outcome of the court action.

The proceedings were brought initially by O'Flaherty Fishing Ltd - owned by the O'Flaherty brothers - of Kilmore Quay, Co Wexford, which is one of the country's biggest fleet owners and has 11 trawlers, the seven biggest of which use the two wharves in Waterford.

The Attorney General was later named as a plaintiff in the action, suing as "the protector of public rights and in the public interest", together with O'Flaherty Fishing Ltd.

It is claimed that other fishing vessels also use the North Wharf and Frank Cassin Wharf for mooring and for the landing of fish.

Mr James O'Reilly SC, for the plaintiffs, said that the O'Flaherty brothers had used remarkable entrepreneurial drive to build up their businesses and had recently formed a consortium to operate a shipping service between Rosslare and Cherbourg.

The plaintiffs claim the wharves are an essential facility reflecting both private and public investment in infrastructural development for a period in excess of 200 years.

In their claim, the plaintiffs submit that the port company holds its harbour and port and in particular the two wharves concerned as a public trustee and that the proposed disposal is outside its powers as trustees.

It is also claimed that the two wharves by statute have become dedicated to public use and have been appropriated by the public for the purposes of mooring there and landing goods, including fish.

The defence denies the claim and submits that the plaintiffs knew for many years of the port company's notices that it was going to close and sell the two wharves.

The port company also submits that fishing vessels will be able to moor in another part of its port, in designated fishing harbours and in Rosslare and other ports.

The hearing, before Mr Justice Eamon de Valera, is expected to continue for some days.