Tyrrell v Wright & Ors (Approved) [2021] IEHC 739 (26 November 2021)

Tyrrell v Wright & Ors (Approved) [2021] IEHC 739 (26 November 2021)

Discovery is confined to documents relevant to the issues as pleaded. The court granted limited discovery only for documents directly relating to the validity of the receiver's appointment, refusing other categories as overly broad, irrelevant, or already covered by agreed discovery.

Citation
[2021] IEHC 739
Parties
Plaintiff: Ken Tyrrell; Defendant: David Wright; Defendant: Rope Walk Car Park Ltd; Defendant: Launceston Property Finance Limited Designated Activity Company; Defendant: Pepper Finance Corporation Designated Activity Company
Jurisdiction
Ireland
Judgment Date
26 November 2021
Procedural Posture
Civil / Interlocutory Application for Discovery
Outcome
Limited discovery granted
Legal Topics
Discovery, Receiver Appointment, Mortgage Enforcement, Liquidation, Counterclaim
Civil Procedure Banking Law Property Law Discovery Receiver Appointment Mortgage Enforcement Liquidation Counterclaim

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Parties

Ken Tyrrell

Plaintiff

David Wright

Defendant

Rope Walk Car Park Ltd

Defendant

Launceston Property Finance Limited Designated Activity Company

Defendant

Pepper Finance Corporation Designated Activity Company

Defendant

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether additional categories of discovery should be ordered beyond those agreed
  2. 2 Whether documents relating to the appointment of the receiver are discoverable
  3. 3 Whether documents regarding the sale of properties at undervalue are relevant and discoverable

Ratio Decidendi

Discovery is confined to documents relevant to the issues as pleaded. The court granted limited discovery only for documents directly relating to the validity of the receiver's appointment, refusing other categories as overly broad, irrelevant, or already covered by agreed discovery.

Court Disposition

Limited discovery granted

Orders

  • Discovery ordered of any deed of mortgage under which Mr. Tyrrell was appointed as receiver and manager, and documents evidencing his appointment as receiver and manager.
  • No order for discovery in respect of other disputed categories.