The Supreme Court will rule early next year on whether to approve a survival plan for three companies in the Fleming building group.

The survival scheme was approved by Mr Justice Brian McGovern in the High Court in November but ACCBank, which opposed the scheme, has appealed the decision on grounds including it prejudices the bank’s ability to recover some €22 million owed to it by the group.

The group has debts of some €1 billion, including €260 million to Anglo Irish Bank. It also has liabilities to AIB, Bank of Scotland (Ireland) and hundred of unsecured creditors.