Dunne & Ors v Lehane & Ors (Approved) [2025] IEHC 532 (10 October 2025)

Dunne & Ors v Lehane & Ors (Approved) [2025] IEHC 532 (10 October 2025)

The application was dismissed because the applicant failed to comply with the mandatory procedural requirements for discovery, did not establish that the documents sought were in the respondents' possession, power, or procurement, did not exhaust alternative means of access, and the discovery sought was not relevant or necessary to the first module of the proceedings. The request was overly broad, disproportionate, and amounted to a fishing expedition.

Citation
[2025] IEHC 532
Parties
Applicant: Sean Dunne; Applicant: Harrison Dunne (suing by his father and next friend Sean Dunne); Applicant: Ryan Emmet Dunne (suing by his father and next friend Sean Dunne); Applicant: Thomas Joseph Dunne (suing by his father and next friend Sean Dunne); Respondent: Christopher Lehane; Respondent: Michael Ian Larkin; Respondent: Michael McNaughton; Respondent: Insolvency Service of Ireland; Respondent: Minister of Justice; Respondent: Department of Justice; Respondent: Attorney General; Respondent: Ireland; Non Party: Examiner of the High Court
Jurisdiction
Ireland
Judgment Date
10 October 2025
Procedural Posture
Bankruptcy Related Discovery Motion / Interlocutory Application (discovery Motion)
Outcome
Application dismissed
Legal Topics
Discovery, Non Party Discovery, Modular Trial, Court File Access, Proportionality in Discovery
Civil Procedure Bankruptcy Law Discovery Non Party Discovery Modular Trial Court File Access Proportionality in Discovery

Case Brief

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Parties

Sean Dunne

Applicant

Harrison Dunne (suing by his father and next friend Sean Dunne)

Applicant

Ryan Emmet Dunne (suing by his father and next friend Sean Dunne)

Applicant

Thomas Joseph Dunne (suing by his father and next friend Sean Dunne)

Applicant

Christopher Lehane

Respondent

Michael Ian Larkin

Respondent

Michael McNaughton

Respondent

Insolvency Service of Ireland

Respondent

Minister of Justice

Respondent

Department of Justice

Respondent

Attorney General

Respondent

Ireland

Respondent

Examiner of the High Court

Non Party

Procedural Posture

Bankruptcy Related Discovery Motion / Interlocutory Application (discovery Motion)

Legal Issues

  1. 1 Whether the applicant is entitled to discovery of the full bankruptcy file from the Examiner and ISI
  2. 2 Whether the applicant complied with procedural requirements for discovery under the Rules of the Superior Courts
  3. 3 Whether the discovery sought is relevant, necessary, and proportionate to the first module (validity of appointments)

Ratio Decidendi

The application was dismissed because the applicant failed to comply with the mandatory procedural requirements for discovery, did not establish that the documents sought were in the respondents' possession, power, or procurement, did not exhaust alternative means of access, and the discovery sought was not relevant or necessary to the first module of the proceedings. The request was overly broad, disproportionate, and amounted to a fishing expedition.

Court Disposition

Application dismissed

Orders

  • Application for discovery of bankruptcy file and related documents is refused.
  • Costs to be addressed at a later date (24 November 2025).