Green Pastures (Donegal) -v- Aurivo Co-Operative Society Ltd & anor [2014] IEHC 209 (04 April 2014)

Green Pastures (Donegal) -v- Aurivo Co-Operative Society Ltd & anor [2014] IEHC 209 (04 April 2014)

The documents sought by the plaintiff under Category 4, specifically those required to be kept under Annex 1 and 2 of the Milk Quota Regulations, are not within the scope of the discovery order, which is limited to documents evidencing the methods or systems used by the first defendant in determining allocation of excess milk quota. The first defendant has complied with the discovery order as properly interpreted. There is no evidence of wilful default or deliberate evasion, and the plaintiff's application is based on a misconstruction of the discovery category.

Citation
[2014] IEHC 209
Parties
Plaintiff: Green Pastures (Donegal); First Defendant: Aurivo Co-Operative Society Limited; Second Defendant: David Ramsey
Jurisdiction
Ireland
Judgment Date
04 April 2014
Procedural Posture
Civil / Interlocutory Application for Strike Out of Defence or Further and Better Discovery
Outcome
application dismissed
Legal Topics
Discovery, Striking Out Defence, Milk Quota Regulations, Relevance of Documents, Compliance With Court Orders
Civil Procedure Commercial Law Discovery Striking Out Defence Milk Quota Regulations Relevance of Documents Compliance With Court Orders

Case Brief

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Parties

Green Pastures (Donegal)

Plaintiff

Aurivo Co-Operative Society Limited

First Defendant

David Ramsey

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out of Defence or Further and Better Discovery

Legal Issues

  1. 1 Whether the first defendant complied with the court's discovery order regarding Category 4 documents
  2. 2 Whether the first defendant's alleged non-compliance was deliberate and warrants striking out the defence
  3. 3 Whether the documents sought by the plaintiff fall within the scope of the discovery order

Ratio Decidendi

The documents sought by the plaintiff under Category 4, specifically those required to be kept under Annex 1 and 2 of the Milk Quota Regulations, are not within the scope of the discovery order, which is limited to documents evidencing the methods or systems used by the first defendant in determining allocation of excess milk quota. The first defendant has complied with the discovery order as properly interpreted. There is no evidence of wilful default or deliberate evasion, and the plaintiff's application is based on a misconstruction of the discovery category.

Court Disposition

application dismissed

Orders

  • Plaintiff's motion to strike out the defence or for further and better discovery is refused.