A legal dispute between operators of the Kilkenny Shop and Restaurant on Dublin's Nassau Street and its landlord has been adjourned to allow out of court settlement talks take place.
Clydaville Investments, which operates the Nassau Street store and many other Kilkenny Group outlets specialising in the promotion of Irish crafts and design, has brought proceedings over plans by the landlords, Setanta Centre Unlimited Company, to redevelop the centre.
The Commercial Court case, which is expected to take ten weeks to hear, was due to commence before Mr Justice Michael Quinn on Wednesday.
However, the matter was adjourned until Thursday after the court was told that the parties have engaged in discussions aimed at resolving the dispute.
The case centres around the proposed redevelopment, to which Clydaville objected of the Setanta Centre which was approved by Dublin City Council and An Bord Pleanála.
Clydaville, claims rules and regulations advanced by the Setanta owners, would interfere with pedestrian and vehicular access, including deliveries, to its Nassau Street outlet.
These "purported rules” would completely undermine the operation of the business of the plaintiff if implemented in full, Clydaville alleges.
Redevelopment plans
It further claims the proposed rules have nothing to do with the operation of the Setanta Centre but rather are designed to get the plaintiff out of the way while the redevelopment is executed.
Clydaville is also concerned about the practicability of restricting access for deliveries to the centre to four hours a day.
In its action the applicant seeks several orders and declarations including the prohibition on the implementation of the new rules and an order preventing the defendant from interfering with entering and leaving the premises.
The defendant denies the claims.
On Wednesday the court was told settlement talks had been taking place between the parties, however it was not clear at this stage if those discussions would bring about a resolution.
Counsel said the issues between the parties were complex and involved a "mountain of paper" and asked for additional time to see if more progress could be ma.
Mr Justice Quinn, noting that the case will take some time to hear if no agreement can be reached, agreed to adjourn the case to Thursday afternoon when the court will review the level of progress being made between the parties.
