The High Court has reserved judgment in the case involving Mr Dermot Desmond and the restoration of the one-time home of the late fashion designer, Sybil Connolly, at Merrion Square in Dublin.
The challenge has been brought by Illium Properties Ltd, a Gibraltar-registered company which bought the house at No 71 Merrion Square in 2000 and with which the well-known businessman, Mr Desmond, is involved.
Lawyers have complained that Mr Desmond incurred huge unnecessary costs as a result of Dublin Corporation's handling of an application for permission to carry out additional restoration work on the 18th century Georgian house.
Illium has claimed the corporation's issuing on September 10th, 2001, of a notice for further information about the proposed restoration works was unnecessary and unreasonable. The corporation denies those claims. The proceedings about the notice are just one aspect of a major legal dispute between Mr Desmond and Dublin Corporation.
During the three-day hearing, Mr John Rogers SC, with Mr Conleth Bradley, for the corporation, asked Mr Justice O'Leary not to quash the notice. He said this was "an extreme case" and Illium was seeking to have it both ways.
Illium had on the one hand dealt with the matters raised by Dublin Corporation but had also objected to the notice, Mr Rogers said. He was contending Illium had "bought into" the planning process and the court should exercise its discretion in refusing the reliefs sought.
The fact that Illium had addressed the matters on a "without prejudice" basis did not save it. Illium has claimed the issuing of the notice was no more than a device to allow the corporation additional time to study Illium's planning application.
The court has heard from Mr Paul Gallagher SC, for Illium, that the house was bought in a very dilapidated state. Most of the renovation was now complete and a window had been inserted in the gable end. Mr Desmond had wished to insert a different type of window but the corporation had objected, Mr Gallagher said.
Mr Desmond argued Illium had made available the necessary resources to restore the house and had engaged leading architects in design and restoration to carry out the works. He said the project had been dogged by difficulties in dealing with the corporation.
Mr Justice O'Leary said he would reserve judgment.
