Point village Development Ltd -v- Dunnes Stores & Dunnes Stores -v- Point Village Development Ltd [2017] IECA 159 (12 May 2017)

Point village Development Ltd -v- Dunnes Stores & Dunnes Stores -v- Point Village Development Ltd [2017] IECA 159 (12 May 2017)

Discovery sought in categories 2, 3, and 4 was irrelevant as it pertained to subjective beliefs and conduct not admissible for contract interpretation; release from implied undertaking was refused as no special circumstances existed and the application amounted to an attempt to circumvent prior discovery rulings.

Citation
[2017] IECA 159
Parties
Plaintiff/respondent: Point Village Development Limited (in Receivership); Defendant/appellant: Dunnes Stores; Defendant/respondent: Henry A. Crosbie
Jurisdiction
Ireland
Judgment Date
12 May 2017
Procedural Posture
Appeal / Interlocutory (discovery and Implied Undertaking)
Outcome
appeals dismissed
Legal Topics
Discovery, Implied Undertaking, Interpretation of Commercial Contracts
Commercial Law Contract Law Civil Procedure Discovery Implied Undertaking Interpretation of Commercial Contracts

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Parties

Point Village Development Limited (in Receivership)

Plaintiff/respondent

Dunnes Stores

Defendant/appellant

Henry A. Crosbie

Defendant/respondent

Procedural Posture

Appeal / Interlocutory (discovery and Implied Undertaking)

Legal Issues

  1. 1 Whether discovery of categories 2, 3, and 4 is relevant to the construction of clause 11(c) of the 2010 agreement
  2. 2 Whether Dunnes Stores should be released from the implied undertaking regarding discovery documents from 2009 proceedings

Ratio Decidendi

Discovery sought in categories 2, 3, and 4 was irrelevant as it pertained to subjective beliefs and conduct not admissible for contract interpretation; release from implied undertaking was refused as no special circumstances existed and the application amounted to an attempt to circumvent prior discovery rulings.

Court Disposition

appeals dismissed

Orders

  • Limited discovery granted for category 1 only; discovery for categories 2, 3, and 4 refused.
  • Application to release Dunnes Stores from implied undertaking regarding 2009 discovery documents refused.