Court told Dunnes have taken 'can pay, won't pay' attitude to €21m order

The Commercial Court has been told Dunnes Stores is adopting a 'can pay, won't pay' attitude to a judgment order for over €21m.

The retail giant is the subject of a winding up petition over its alleged failure to honour the debt owed to insolvent construction company Holtglen Ltd for work on a Kilkenny shopping centre.

Dunnes was lined up to be the anchor tenant but the court heard it has concerns about planning issues and the viability of the Ferrybank shopping centre.

Commercially Dunnes Stores is "robustly rock solid" according to Dunne's lawyers, but is unwilling to discharge what is owed over concerns about planning issues, Nama and the viability of the centre in the current climate.

However, Holtglen has succesfully applied to have its case fast-tracked to the commercial list for hearing on December 14.

Mr Justice Peter Kelly said he was mindful of the retailers 18,000 employees whose position would be in some jeopardy if a winding up order is to be made.

He also noted Dunnes Stores is no different from any other litigant and must pay its debts.