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Borrower entitled to inspect documents concerning sale of loan between finance institutions
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Court of Appeal allows appeal from High Court, and grants a wider order permitting a borrower to inspect documents including a 'Global Deed of Transfer' in which his loan had been transferred from one finance company to the defendant, on the grounds that: (a) it was 'self-evidently in the public interest' that litigants were not deprived of documentation or instruments which directly affected their rights and interests; and (b) where documents were relied upon by the defendant in its pleadings, they should be disclosed, with redactions concerning persons other than the borrower in question; and (c) the High Court had exercised its discretion in too narrow a manner.
Court of Appeal - 2006 agreement between appellant and AIB - purchase of properties in Donegal and Dublin - AIB sought to enforce - whether documents varied Heads of Terms document dated 9th April, 2015 - Land and Conveyancing Law Reform Act, 2009 - section 91 - appellant argued right to inspect - can't get informed legal advice because of refusal - High Court allowed partial inspection - sensitive commercial information, confidentiality, relevance as reasons for redactions - Rules of the Superior Courts - Order 31, rule 18 RSC - application for inspection - contention trial judge erred in interpretation of section 91 - contention judge erred in finding Order 54, rule 4 RSC did not apply - redaction issue does not arise for Everyday - confidentiality threshold not reached - general public interest that documents be made available - interests of justice trump confidentiality - notice to produce wasn't excessive - High Court order could have been more broad - documents relevant, onus on respondents not discharged - application allowed - appellant can inspect two global deeds and mortgage sale agreement dated 16th May, 2018 - Legal Services Regulation Act, 2015 - sections 168/169 - costs contested under inherent jurisdiction - partial costs order in favour of the appellant - own conduct in bringing so many grounds of appeal.
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