Phelan v. Goodman [2000] IESC 43 (24th January, 2000)

Phelan v. Goodman [2000] IESC 43 (24th January, 2000)

The evidence was insufficient to satisfy the court that relevant documents were or had been in the possession of Mr Goodman which should have been but were not discovered. The court found no basis to go behind the sworn affidavits of discovery or to order further and better discovery. The High Court was justified in accepting the affidavits regarding privilege, and the trial judge's review of the documents confirmed privilege was properly claimed.

Citation
[2000] IESC 43
Parties
Plaintiff/appellant: Paschal Phelan; First Defendant/respondent: Laurence Goodman; Second Defendant/respondent: Zacharia El Taher
Jurisdiction
Ireland
Procedural Posture
Appeal / Appeal From High Court Order Refusing Further and Better Discovery
Outcome
appeal dismissed
Legal Topics
Discovery, Affidavit of Discovery, Privilege, Conspiracy, Fraud
Civil Procedure Commercial Law Discovery Affidavit of Discovery Privilege Conspiracy Fraud

Case Brief

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Parties

Paschal Phelan

Plaintiff/appellant

Laurence Goodman

First Defendant/respondent

Zacharia El Taher

Second Defendant/respondent

Procedural Posture

Appeal / Appeal From High Court Order Refusing Further and Better Discovery

Legal Issues

  1. 1 Whether the High Court erred in refusing further and better discovery from the first defendant
  2. 2 Whether the High Court erred in accepting the correctness and accuracy of affidavits relating to claims of privilege

Ratio Decidendi

The evidence was insufficient to satisfy the court that relevant documents were or had been in the possession of Mr Goodman which should have been but were not discovered. The court found no basis to go behind the sworn affidavits of discovery or to order further and better discovery. The High Court was justified in accepting the affidavits regarding privilege, and the trial judge's review of the documents confirmed privilege was properly claimed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.