A High Court action taken by the Irish Permanent plc against the society's former chief executive, Dr Edmund Farrell, and other defendants is due to open next Tuesday.
The company claims that Dr Farrell acted in breach of his duties as a director of the society between April 1986 and June 1992.
Yesterday, the President of the High Court, Mr Justice Costello adjourned applications by the company, in relation to documents they are seeking from the defendants, to Tuesday's hearing.
As a result of payments alleged to have been made to Dr Farrell and his wife, the company want a declaration that the Farrells' residence at Grasmere, Westminister Road, Foxrock, Co Dublin, and a property, Waverly Lodge, Westminster Road, are held in trust and for the benefit of the society.
The company also wants a declaration that Dr Farrell should account to the society for all profits, including secret profits. They also seek orders for damages and the recovery from Dr Farrell of the "unauthorised increase in his salary" from £60,000 to £100,00 in 1986.
Dr Farrell, who was suspended in
March 1993 as executive chairman of the Irish Permanent, denies the society's claims. He told a 1993 court hearing in which he had brought proceedings against the company, that he had not been guilty of serious, dishonest or criminal conduct.
The Irish Permanent has also brought another action against Dr Farrell, two companies and Mr Kelvin Smythe of Sydney Avenue, Blackrock. These proceedings relate to a property in Co Galway and an alleged payment of £100,000 made by the society to one of the companies. The Irish Permanent wants an order that Dr Farrell pay the sum of £100,000 to it.
The defendants deny the Irish Permanent's claims and Mr Smythe and the two companies have counterclaimed for damages.
During yesterday's High Court hearing, Mr James Nugent SC, for Dr Farrell, said there had been an implied allegation, in an application being made by the company in relation to documents, that his clients took a file and removed documents from it and then returned it. His clients totally denied such an allegation.
It had been suggested that someone else had taken out the same file six months before, had photocopied the contents, and that there had been more documents in the file than were present when it was returned by his clients.
Mr Nugent agreed that he would supply an affidavit in relation to other documentation in his clients' possession. The President said he adjourn an application on the alleged missing documents to next week's hearing.
