Nolan & ors v Dildar Ltd & ors (Approved) [2020] IEHC 244 (22 May 2020)

Nolan & ors v Dildar Ltd & ors (Approved) [2020] IEHC 244 (22 May 2020)

The plaintiffs are entitled to discovery against Paul Kenny in respect of three categories of documents (categories 7, 9, and 10 as revised), as the documents are relevant and necessary to the issues pleaded, including beneficial ownership, misrepresentation, and fiduciary duty; discovery in category 12 is refused due to lack of relevance on the pleadings.

Citation
[2020] IEHC 244
Parties
Plaintiff: Ann Nolan; Plaintiff: Elizabeth Nolan; Plaintiff: Joan Nolan; Plaintiff: Richard Nolan; Plaintiff: Patricia Nolan; Plaintiff: Sally Nolan; Plaintiff: Quest Capital Trustees Limited; Defendant: Dildar Limited; Defendant: Ciaran Desmond; Defendant: Colm S. McGuire; Defendant: Derval M. O’Halloran; Defendant: John Millett; Defendant: Pinnacle Pensioner Trustees Limited; Defendant: John Millett Independent Financial Advisors Limited; Defendant: Dillon Kenny; Defendant: Darren Kenny; Defendant: Paul Kenny; Third Party: Stephen Declan Murphy; Third Party: Edel Murphy; Third Party: Kevin Joseph McMahon; Third Party: John Lynch; Third Party: EFG Bank AG; Third Party: BNP Paribas Wealth Management; Third Party: United Overseas Bank Limited; Third Party: Allied Finance Trust AG
Jurisdiction
Ireland
Judgment Date
22 May 2020
Procedural Posture
Commercial Civil / Interlocutory Application for Discovery
Outcome
Application for discovery granted in part, refused in part.
Legal Topics
Discovery, Relevance and Necessity, Beneficial Ownership, Fiduciary Duty, Misrepresentation, Personal Data Misuse
Civil Procedure Trusts and Pensions Fraud and Conspiracy Discovery Relevance and Necessity Beneficial Ownership Fiduciary Duty Misrepresentation +1 more

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Parties

Ann Nolan

Plaintiff

Elizabeth Nolan

Plaintiff

Joan Nolan

Plaintiff

Richard Nolan

Plaintiff

Patricia Nolan

Plaintiff

Sally Nolan

Plaintiff

Quest Capital Trustees Limited

Plaintiff

Dildar Limited

Defendant

Ciaran Desmond

Defendant

Colm S. McGuire

Defendant

Derval M. O’Halloran

Defendant

John Millett

Defendant

Pinnacle Pensioner Trustees Limited

Defendant

John Millett Independent Financial Advisors Limited

Defendant

Dillon Kenny

Defendant

Darren Kenny

Defendant

Paul Kenny

Defendant

Stephen Declan Murphy

Third Party

Edel Murphy

Third Party

Kevin Joseph McMahon

Third Party

John Lynch

Third Party

EFG Bank AG

Third Party

BNP Paribas Wealth Management

Third Party

United Overseas Bank Limited

Third Party

Allied Finance Trust AG

Third Party

Procedural Posture

Commercial Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the plaintiffs are entitled to discovery against Paul Kenny in respect of disputed categories of documents
  2. 2 Whether the documents sought are relevant and necessary for the fair disposal of the case
  3. 3 Whether special considerations apply in discovery requests in conspiracy cases

Ratio Decidendi

The plaintiffs are entitled to discovery against Paul Kenny in respect of three categories of documents (categories 7, 9, and 10 as revised), as the documents are relevant and necessary to the issues pleaded, including beneficial ownership, misrepresentation, and fiduciary duty; discovery in category 12 is refused due to lack of relevance on the pleadings.

Court Disposition

Application for discovery granted in part, refused in part.

Orders

  • Order for discovery against Paul Kenny in respect of categories 7, 9, and 10 (with revisions).
  • Application for discovery in category 12 refused.