IBB Internet Services Ltd & ors -v- Motorola Ltd [2016] IECA 52 (26 February 2016)

IBB Internet Services Ltd & ors -v- Motorola Ltd [2016] IECA 52 (26 February 2016)

Discovery was ordered for documents evidencing or recording testing of equipment installed by the defendant, subject to specificity, and for documents evidencing the defendant's knowledge of the plaintiffs' corporate structure. Discovery was refused for documents relating to the activities of the plaintiffs' site procurement team, as only the number of sites was relevant.

Citation
[2016] IECA 52
Parties
Plaintiffs/appellants: IBB Internet Services Ltd., Irish Broadband Internet Services Ltd. (trading as Imagine Networks) and Imagine Communications Ltd.; Defendant/respondent: Motorola Ltd.
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Appeal / Supplementary Judgment on Discovery Orders
Outcome
Allow and vary
Legal Topics
Discovery, Relevance of Documents, Corporate Structure, Appeal of Discovery Orders
Civil Procedure Discovery Relevance of Documents Corporate Structure Appeal of Discovery Orders

Case Brief

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Parties

IBB Internet Services Ltd., Irish Broadband Internet Services Ltd. (trading as Imagine Networks) and Imagine Communications Ltd.

Plaintiffs/appellants

Motorola Ltd.

Defendant/respondent

Procedural Posture

Appeal / Supplementary Judgment on Discovery Orders

Legal Issues

  1. 1 Whether further categories of discovery should be ordered or refused
  2. 2 Interpretation of 'efficacy' in discovery requests
  3. 3 Relevance of procurement team activities to site inventory issue

Ratio Decidendi

Discovery was ordered for documents evidencing or recording testing of equipment installed by the defendant, subject to specificity, and for documents evidencing the defendant's knowledge of the plaintiffs' corporate structure. Discovery was refused for documents relating to the activities of the plaintiffs' site procurement team, as only the number of sites was relevant.

Court Disposition

Allow and vary

Orders

  • Order for discovery of documents evidencing or recording testing of equipment installed by the defendant, subject to specificity, is allowed and varied in favour of Motorola.
  • Order refusing discovery of documents relating to activities of the plaintiffs' site procurement team is affirmed; appeal dismissed.