Dunnes Stores & anor -v- McCann [2018] IEHC 123 (14 March 2018)

Dunnes Stores & anor -v- McCann [2018] IEHC 123 (14 March 2018)

Discovery is ordered only for categories of documents that are both relevant and necessary to issues raised on the pleadings; discovery is refused where documents are not relevant, not necessary, or where alternative means such as interrogatories are more appropriate; proportionality is a key consideration in granting discovery.

Citation
[2018] IEHC 123
Parties
Plaintiff: Dunnes Stores; Plaintiff: Almonte; Defendant: Paul McCann
Jurisdiction
Ireland
Judgment Date
14 March 2018
Procedural Posture
Commercial Proceedings / Interlocutory Application for Discovery
Outcome
Partial grant of discovery; some categories refused, others ordered with amendments.
Legal Topics
Discovery, Receivership, Lease Agreements, Set Off, Bankruptcy Disclaimer, Service Charges, Occupation and Management of Property
Commercial Law Insolvency Law Property Law Discovery Receivership Lease Agreements Set Off Bankruptcy Disclaimer +2 more

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Parties

Dunnes Stores

Plaintiff

Almonte

Plaintiff

Paul McCann

Defendant

Procedural Posture

Commercial Proceedings / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether discovery should be ordered for specific categories of documents between plaintiffs and receiver
  2. 2 Relevance and necessity of documents sought for discovery
  3. 3 Legal effect and enforceability of set-off clause (clause 11)

Ratio Decidendi

Discovery is ordered only for categories of documents that are both relevant and necessary to issues raised on the pleadings; discovery is refused where documents are not relevant, not necessary, or where alternative means such as interrogatories are more appropriate; proportionality is a key consideration in granting discovery.

Court Disposition

Partial grant of discovery; some categories refused, others ordered with amendments.

Orders

  • Receiver to make discovery of documents evidencing manner in which set-off clause was applied by Gary Smith and/or plaintiffs prior to receiver's appointment.
  • Receiver to make discovery of documents evidencing basis of receiver's occupation, management and/or control of car park.