Von Gordon v. Helaba Dublin Landes Bank Hessen-Thuringen International & Ors [2003] IESC 64 (17 December 2003)

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

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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

  1. 1 Whether discovery should be ordered for documents relating to termination of other executives (categories b and c)
  2. 2 Whether discovery should be ordered for documents relating to a specific loan transaction (category l)
  3. 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)