Crofter Properties Ltd. v. Genport Ltd. [2000] IEHC 175 (2nd May, 2000)

Crofter Properties Ltd. v. Genport Ltd. [2000] IEHC 175 (2nd May, 2000)

Discovery was refused because the documents sought were not relevant to the issues as pleaded and there was undue delay by the defendant in seeking discovery, which would cause prejudice to the plaintiff with the hearing imminent.

Citation
[2000] IEHC 175
Parties
Plaintiff/respondent: Crofter Properties Limited; Defendant/appellant: Genport Limited
Jurisdiction
Ireland
Procedural Posture
Civil / Interlocutory Application for Discovery
Outcome
Defendant's motion for discovery refused
Legal Topics
Discovery, Delay in Application, Relevance of Documents
Civil Procedure Discovery Delay in Application Relevance of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Crofter Properties Limited

Plaintiff/respondent

Genport Limited

Defendant/appellant

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the defendant is entitled to third party discovery for records from June 1992 to December 1992 and other periods
  2. 2 Whether delay in seeking discovery precludes the order

Ratio Decidendi

Discovery was refused because the documents sought were not relevant to the issues as pleaded and there was undue delay by the defendant in seeking discovery, which would cause prejudice to the plaintiff with the hearing imminent.

Court Disposition

Defendant's motion for discovery refused

Orders

  • Defendant's application for discovery is refused
  • Costs of the motion are reserved