IBB Internet Services Ltd & Ors -v- Motorola Ltd [2013] IEHC 541 (19 November 2013)

IBB Internet Services Ltd & Ors -v- Motorola Ltd [2013] IEHC 541 (19 November 2013)

The plaintiffs' corrected answers to interrogatories were sufficient; errors were adequately explained as typographical and referencing mistakes. No further affidavit or oral examination was warranted. Corrections to interrogatory answers do not require court leave and should be made efficiently. The motion for oral examination was refused.

Citation
[2013] IEHC 541
Parties
Plaintiff: IBB Internet Services Limited; Plaintiff: Irish Broadband Internet Services Limited (trading as Imagine Networks); Plaintiff: Imagine Communications Group Limited; Defendant: Motorola Limited
Jurisdiction
Ireland
Judgment Date
19 November 2013
Procedural Posture
Commercial / Interlocutory Motion Regarding Interrogatories
Outcome
motion refused with costs
Legal Topics
Interrogatories, Discovery, Pre Trial Procedure, Correction of Affidavits, Case Management
Civil Procedure Commercial Law Interrogatories Discovery Pre Trial Procedure Correction of Affidavits Case Management

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Parties

IBB Internet Services Limited

Plaintiff

Irish Broadband Internet Services Limited (trading as Imagine Networks)

Plaintiff

Imagine Communications Group Limited

Plaintiff

Motorola Limited

Defendant

Procedural Posture

Commercial / Interlocutory Motion Regarding Interrogatories

Legal Issues

  1. 1 Whether the plaintiffs' answers to interrogatories were sufficient and whether further answers or oral examination should be ordered
  2. 2 Whether errors in interrogatory answers require court leave to correct
  3. 3 Proper procedure for correcting interrogatory answers

Ratio Decidendi

The plaintiffs' corrected answers to interrogatories were sufficient; errors were adequately explained as typographical and referencing mistakes. No further affidavit or oral examination was warranted. Corrections to interrogatory answers do not require court leave and should be made efficiently. The motion for oral examination was refused.

Court Disposition

motion refused with costs

Orders

  • Motion for oral examination of company secretary refused
  • Costs awarded against the moving party (defendant)