Hire Services Ltd (E) & anor -v- An Post [2018] IEHC 400 (05 July 2018)
The defendant failed to meet the legal test for further and better discovery as set out in Sterling Winthrop Group Limited; the plaintiff complied with the discovery agreement and no grounds exist to order additional discovery.
- Citation
- [2018] IEHC 400
- Parties
- Plaintiff/respondent: Hire Services Limited (E) and Hireservices (I); Defendant/applicant: An Post
- Jurisdiction
- Ireland
- Judgment Date
- 05 July 2018
- Procedural Posture
- Plenary Proceedings / Motion for Further and Better Discovery
- Outcome
- reliefs sought by the defendant/applicant refused
- Legal Topics
- Discovery, Breach of Contract, Specific Performance
Case Brief
Summary, issues, holding and outcome
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Parties
Hire Services Limited (E) and Hireservices (I)
Plaintiff/respondent
An Post
Defendant/applicant
Procedural Posture
Plenary Proceedings / Motion for Further and Better Discovery
Legal Issues
- 1 Whether the plaintiff complied with discovery obligations under agreement and Rules of the Superior Courts
- 2 Whether the defendant is entitled to further and better discovery, including three additional categories
- 3 Whether the plaintiff's claim of privilege over certain documents is sufficient
Ratio Decidendi
The defendant failed to meet the legal test for further and better discovery as set out in Sterling Winthrop Group Limited; the plaintiff complied with the discovery agreement and no grounds exist to order additional discovery.
Court Disposition
reliefs sought by the defendant/applicant refused
Orders
- motion for further and better discovery refused
- motion to strike out plaintiff’s claim refused
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