Mustardside & ors - v - Tacre & ors [2018] IEHC 124 (14 March 2018)

Mustardside & ors - v - Tacre & ors [2018] IEHC 124 (14 March 2018)

The Court held that only those documents directly relevant to the issues as pleaded and necessary for the fair disposal of the case should be ordered for discovery. The Court limited the scope of discovery to specific documents relating to the alleged forfeiture events and the knowledge of the parties as of the...

Source-derived case information.

Citation
[2018] IEHC 124
Parties
Plaintiff: Mustardside Limited; Plaintiff: Lcosars Limited; Plaintiff: Home Generations Homes Limited; Plaintiff: Greg Kavanagh; Defendant: Tracre Limited; Defendant: Crekav Trading Limited; Defendant: Crekav Limited Partnership; Defendant: Crekav Trading GP Limited; Defendant: Kavcre Investments Limited; Defendant: Vimovo Investments
Jurisdiction
Ireland
Judgment Date
14 March 2018
Procedural Posture
Commercial Court Application for Discovery / Interlocutory Application for Discovery Order
Outcome
Application for discovery granted in part and refused in part.
Legal Topics
Discovery, Interpretation of Contracts, Forfeiture Events, Specific Performance, Declaratory Relief, Damages
Civil Procedure Contract Law Commercial Law Discovery Interpretation of Contracts Forfeiture Events Specific Performance Declaratory Relief +1 more

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Parties

Mustardside Limited

Plaintiff

Lcosars Limited

Plaintiff

Home Generations Homes Limited

Plaintiff

Greg Kavanagh

Plaintiff

Tracre Limited

Defendant

Crekav Trading Limited

Defendant

Crekav Limited Partnership

Defendant

Crekav Trading GP Limited

Defendant

Kavcre Investments Limited

Defendant

Vimovo Investments

Defendant

Procedural Posture

Commercial Court Application for Discovery / Interlocutory Application for Discovery Order

Legal Issues

  1. 1 Whether the categories of documents sought by the plaintiffs are relevant and necessary for discovery under Order 31, rule 12 RSC
  2. 2 Whether the defendants should be compelled to make discovery beyond what was offered voluntarily
  3. 3 Whether the scope of discovery sought is excessive or proportionate

Ratio Decidendi

The Court held that only those documents directly relevant to the issues as pleaded and necessary for the fair disposal of the case should be ordered for discovery. The Court limited the scope of discovery to specific documents relating to the alleged forfeiture events and the knowledge of the parties as of the relevant dates, and refused discovery where the requests were excessive, unfocused, or not shown to be necessary.

Court Disposition

Application for discovery granted in part and refused in part.

Orders

  • Defendants to make discovery of the agreement referred to at para. 3(c) of the defence and counterclaim (the 'Grant of Easements' dated 30 September 2014) and all documents relating to the knowledge or otherwise of the defendants, their servants or agents, of that agreement as of 3 February 2017.
  • Defendants to make discovery of all documentation in relation to Greg Kavanagh's alleged involvement with or interest held in the property at Castleforbes in Dublin as referred to in para. 2 of the defence and counterclaim.