A property dispute between developer Sean Dunne and his former estate agents CB Richard Ellis has got under way in the Commercial Court.
Justice Finlay Geoghegan this morning rejected an attempt by Mr Dunne to seek an adjournment of the case on the grounds that he had swine flu and could not attend the eight-day trial.
Mr Dunne's GP for 19 years, Dr Michael Meegan, said he is suffering mild to moderate symptoms but could not confirm whether he is suffering from swine flu.
He said he was taking Tamiflu as a precaution. He said swabs sent to a lab today would not confirm whether he had swine flu until Friday at the earliest.
Donal O'Donnell SC for Mr Dunne said his client was very hands on and that he needed to be in court to give instructions in relation to the case.
He said there is a clear conflict of evidence in this case and that he needs to be in the whole of his health to proceed.
Justice Finlay Geoghegan rejected his application for an adjournment saying that Mr Dunne should be able to read transcripts of the case overnight and then be able to give direction in the case.
CBRE is suing Mr Dunne for €1.5m in unpaid fees on the purchase of Irish Life's Hume House in Ballsbridge.
Mr Dunne has responded by lodging a €35m counterclaim against his former estate agents.
He claims they breached their professional duty and concealed information from him.
