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Concrete supplier ordered to disclose third-party complaints in dispute over alleged fraud and defective material
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The High Court ordered a concrete supplier to make discovery of documents evidencing any third-party complaints about understrength or unfit-for-purpose concrete supplied during a specified two-year period, as requested by the property developer engaged in a €14 million dispute over allegedly defective concrete. The court found that the discovery sought was relevant due to the supplier's defence, which alleged that any defects resulted from acts or omissions of the developer’s agents, and further noted that as fraud was specifically pleaded (and supported by evidence, not simply a 'bare allegation'), wider latitude for discovery was appropriate. The supplier's objections on grounds of confidentiality and lack of systemic allegations were rejected, with the court emphasising that such complaints might support the developer's fraud claim and undermine aspects of the defence.
discovery – fraudulent misrepresentation – concrete supply dispute – understrength concrete – property development – third-party complaints – security for costs – defective building material – relevance in discovery – Rules of the Superior Courts (RSC) – amended pleadings – acts or omissions of agents – confidentiality – defence pleading – evidence threshold for fraud claims
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