Kavanagh v. O'Donoghue & Anor [2003] IEHC 129 (14 November 2003)

Kavanagh v. O'Donoghue & Anor [2003] IEHC 129 (14 November 2003)

The portions of the s.56 report relating to questions 22 and 31 are relevant and necessary for the fair disposal of the s.150 application and for saving costs. Section 17(1) of the Act of 2001 does not preclude discovery, as disclosure is permitted 'in accordance with law.'

Citation
[2003] IEHC 129
Parties
Applicant: Tom Kavanagh; Respondent: Donal O'Donoghue; Respondent: Mary O'Donoghue
Jurisdiction
Ireland
Judgment Date
14 November 2003
Procedural Posture
Application for Discovery in Company Liquidation Proceedings / Interlocutory Application for Discovery
Outcome
Order for discovery granted in part
Legal Topics
Discovery, Liquidation, Restriction of Directors, Confidentiality of Reports
Company Law Civil Procedure Discovery Liquidation Restriction of Directors Confidentiality of Reports

Case Brief

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Parties

Tom Kavanagh

Applicant

Donal O'Donoghue

Respondent

Mary O'Donoghue

Respondent

Procedural Posture

Application for Discovery in Company Liquidation Proceedings / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the s.56 report of the liquidator to the Director of Corporate Enforcement is discoverable in s.150 proceedings for restriction of directors
  2. 2 Whether confidentiality or statutory provisions preclude discovery of the report

Ratio Decidendi

The portions of the s.56 report relating to questions 22 and 31 are relevant and necessary for the fair disposal of the s.150 application and for saving costs. Section 17(1) of the Act of 2001 does not preclude discovery, as disclosure is permitted 'in accordance with law.'

Court Disposition

Order for discovery granted in part

Orders

  • Respondents are entitled to discovery of the portions of the applicant's s.56 report relating to answers to questions 22 and 31, including any appendices or separate sheets containing those answers.