Thema International Fund PLC v HSBC Institutional Trust Services (Ire.) Ltd & ors [2013] IESC 3 (25 January 2013)

Thema International Fund PLC v HSBC Institutional Trust Services (Ire.) Ltd & ors [2013] IESC 3 (25 January 2013)

The 2009 amendment to Order 31, r.12 of the Rules of the Superior Courts, adding the word 'procurement', did not extend the scope of discovery beyond documents in a party's possession or legal power. The High Court's order requiring discovery of documents held by related companies outside the jurisdiction exceeded the permissible scope of discovery. The appeal was allowed and the High Court's order set aside.

Citation
[2013] IESC 3
Parties
Plaintiff/respondent: Thema International Fund plc; Defendant/appellant: HSBC Institutional Trust Services (Ireland) Limited; Third Party: Thema Asset Management Limited; Third Party: 2020 Medici AG
Jurisdiction
Ireland
Judgment Date
25 January 2013
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order on Discovery
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Discovery, Corporate Groups, Jurisdiction, Rules of Court
Civil Procedure Company Law Discovery Corporate Groups Jurisdiction Rules of Court

Case Brief

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Parties

Thema International Fund plc

Plaintiff/respondent

HSBC Institutional Trust Services (Ireland) Limited

Defendant/appellant

Thema Asset Management Limited

Third Party

2020 Medici AG

Third Party

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order on Discovery

Legal Issues

  1. 1 Whether the 2009 amendment to Order 31, r.12 of the Rules of the Superior Courts extends discovery obligations to documents held by related companies not party to the proceedings and outside the jurisdiction;
  2. 2 Whether the inclusion of 'procurement' in the rule alters the scope of discovery beyond 'possession or power'.
  3. 3 Whether the High Court was correct to order discovery of documents held by HSBC group entities outside Ireland.

Ratio Decidendi

The 2009 amendment to Order 31, r.12 of the Rules of the Superior Courts, adding the word 'procurement', did not extend the scope of discovery beyond documents in a party's possession or legal power. The High Court's order requiring discovery of documents held by related companies outside the jurisdiction exceeded the permissible scope of discovery. The appeal was allowed and the High Court's order set aside.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Order for further and better discovery made on 27th July, 2012, discharged