Von Gordon v. Helaba Dublin Landes Bank Hessen-Thuringen International & Ors [2003] IESC 64 (17 December 2003)
Discovery of documents relating to the termination of other executives is allowed as it may be relevant and is not oppressive; discovery of documents relating to a specific loan transaction and documents supporting certain defence denials is refused as not justified by the pleadings or necessity.
- Citation
- [2003] IESC 64
- Parties
- Plaintiff/respondent: Patrick Von Gordon; Defendant/appellant: Helaba Dublin Landes Bank Hessen-Thuringen International; Defendant/appellant: Helaba International Finance PLC; Defendant/appellant: Landes Bank Hessen-Thuringen Girozentrale; Defendant/appellant: Helaba Finance BV
- Jurisdiction
- Ireland
- Judgment Date
- 17 December 2003
- Procedural Posture
- Appeal / Interlocutory Appeal on Discovery Orders Prior to Trial
- Outcome
- Appeal allowed in part and refused in part
- Legal Topics
- Discovery of Documents, Similar Fact Evidence, Employment Termination, Banking Regulation Compliance, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Patrick Von Gordon
Plaintiff/respondent
Helaba Dublin Landes Bank Hessen-Thuringen International
Defendant/appellant
Helaba International Finance PLC
Defendant/appellant
Landes Bank Hessen-Thuringen Girozentrale
Defendant/appellant
Helaba Finance BV
Defendant/appellant
Procedural Posture
Appeal / Interlocutory Appeal on Discovery Orders Prior to Trial
Legal Issues
- 1 Whether discovery should be ordered for documents relating to termination of other executives (categories b and c)
- 2 Whether discovery should be ordered for documents relating to a specific loan transaction (category l)
- 3 Whether discovery should be ordered for documents supporting certain defence allegations (categories y and z)
Ratio Decidendi
Discovery of documents relating to the termination of other executives is allowed as it may be relevant and is not oppressive; discovery of documents relating to a specific loan transaction and documents supporting certain defence denials is refused as not justified by the pleadings or necessity.
Court Disposition
Appeal allowed in part and refused in part
Orders
- Discovery ordered for categories (b) and (c) (documents relating to termination of other executives)
- Discovery refused for category (l) (documents relating to specific loan transaction)
Full Case Text
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