Appeal for pre-hearing discovery denied in property possession case

The High Court has refused an application by the appellants seeking discovery of documents prior to the hearing of their appeal against a possession order granted summarily by the Circuit Court. The appellants, representing themselves, had not sought discovery during the original proceedings. The High Court determined that the appeal should proceed based on the evidence already presented in the Circuit Court, and that discovery was not necessary for the appellants to challenge the possession order. The court emphasised that the appeal is to be a rehearing based on the existing record, and that the appellants can still establish an arguable defense without new discovery. If the High Court, upon hearing the appeal, decides that the case should go to a plenary hearing, the appellants may then have the opportunity to seek discovery.