McKillen v The National Asset Management Agency & Ors (Approved) [2023] IEHC 711 (11 December 2023)

McKillen v The National Asset Management Agency & Ors (Approved) [2023] IEHC 711 (11 December 2023)

Plaintiff failed to comply with mandatory procedural requirements for additional discovery under O.31, r.12(11) and (12) RSC 1986. No evidence established that defendants failed to discover documents within scope of agreed categories (i) and (ii) in consent order dated 11 September 2020. No further and better discovery is warranted.

Citation
[2023] IEHC 711
Parties
Plaintiff: Patrick McKillen; Defendant: John Moran; Defendant: Minister for Finance
Jurisdiction
Ireland
Judgment Date
11 December 2023
Procedural Posture
Plenary Summons / Interlocutory Application for Further and Better Discovery
Outcome
application refused
Legal Topics
Discovery, Misfeasance in Public Office, Abuse of Process, Interpretation of Consent Orders
Civil Procedure Public Law Discovery Misfeasance in Public Office Abuse of Process Interpretation of Consent Orders

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Parties

Patrick McKillen

Plaintiff

John Moran

Defendant

Minister for Finance

Defendant

Procedural Posture

Plenary Summons / Interlocutory Application for Further and Better Discovery

Legal Issues

  1. 1 Whether further and better discovery should be ordered under consent discovery order dated 11 September 2020
  2. 2 Whether additional discovery can be ordered under O.31, r.12(11) and (12) RSC 1986
  3. 3 Interpretation of categories (i) and (ii) in consent discovery order

Ratio Decidendi

Plaintiff failed to comply with mandatory procedural requirements for additional discovery under O.31, r.12(11) and (12) RSC 1986. No evidence established that defendants failed to discover documents within scope of agreed categories (i) and (ii) in consent order dated 11 September 2020. No further and better discovery is warranted.

Court Disposition

application refused

Orders

  • Refusal of order varying consent discovery order dated 11 September 2020 under O.31, r.12(11) RSC 1986
  • Refusal of order for further and better discovery of sub-categories in Schedule 1 of notice of motion dated 3 May 2022