Brock Delappe Ltd v Companies Act 2014 (Approved) [2023] IEHC 319 (13 June 2023)

Brock Delappe Ltd v Companies Act 2014 (Approved) [2023] IEHC 319 (13 June 2023)

Respondents succeeded in establishing privilege over eight of nine documents; applicant succeeded on one significant document (KD10) which was not privileged. Costs apportioned at 70% to respondents, 15% to applicant, with stay pending determination of litigation. Judgment to be published with orders preventing use of privileged documents, but no delay in publication.

Citation
[2023] IEHC 319
Parties
Applicant: Kevin Delappe; Respondent: David Brock; Respondent: Declan Cosgrave; Respondent: Brock Delappe Limited
Jurisdiction
Ireland
Judgment Date
13 June 2023
Procedural Posture
Application Under Section 212 of the Companies Act 2014 / Post Interlocutory Ruling on Privilege and Costs
Outcome
Application granted in part; privilege upheld for most documents; costs apportioned; orders made regarding use of documents and affidavits.
Legal Topics
Privilege of Documents, Costs in Interlocutory Applications, Publication of Judgments
Company Law Civil Procedure Privilege of Documents Costs in Interlocutory Applications Publication of Judgments

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Parties

Kevin Delappe

Applicant

David Brock

Respondent

Declan Cosgrave

Respondent

Brock Delappe Limited

Respondent

Procedural Posture

Application Under Section 212 of the Companies Act 2014 / Post Interlocutory Ruling on Privilege and Costs

Legal Issues

  1. 1 Whether documents obtained by the applicant are privileged
  2. 2 Whether privilege should be set aside due to alleged iniquity
  3. 3 Appropriate costs order for partial success

Ratio Decidendi

Respondents succeeded in establishing privilege over eight of nine documents; applicant succeeded on one significant document (KD10) which was not privileged. Costs apportioned at 70% to respondents, 15% to applicant, with stay pending determination of litigation. Judgment to be published with orders preventing use of privileged documents, but no delay in publication.

Court Disposition

Application granted in part; privilege upheld for most documents; costs apportioned; orders made regarding use of documents and affidavits.

Orders

  • Applicant, his servants or agents, prevented from using, disseminating or relying upon documentation/extracts exhibited at KD6, KD7, KD8, KD9, KD11, KD12, KD13 and KD14 in affidavit sworn on 8 July 2021.
  • Applicant’s affidavit of 8 July 2021 not to form part of pleadings or papers in proceedings, nor to be presented to court in any further application or trial.