Cross examination of deponents not necessary on interlocutory application to restrain trespass on premises

Application to cross examine witnesses - interlocutory motion brought by plaintiffs for an injunction restraining the defendants from trespassing on the premises known as Gorse Hill at Vico Road, Killiney, Co. Dublin - at the hearing of the motion for interlocutory injunction on 5th March, 2015, the defendants applied to cross examine Brian O’Connor of Bank of Ireland in respect of an affidavit of 3rd March, 2015 and Mr. Tom Kavanagh, the second named plaintiff of Kavanagh Fennell Limited in respect of his affidavit of 3rd March, 2015 - the notice of motion is grounded upon an un-sworn affidavit which cannot be accepted or received by the court - The test for cross examination of a deponent on his affidavit is set out in the Director of Corporate Enforcement v. Seymour [2006] IEHC 369 - if the matters in issue proceed to trial, it will be a trial by way of a plenary hearing - insofar as the application for interlocutory injunction is concerned, the plaintiffs have to meet the Campus Oil test and the court must decide this having regard to the affidavits - the court does not decide the issues in the case at this stage - the matters raised by Mr. O’Donnell in his affidavit as being in controversy are all matters to be dealt with at the trial of the action - this is not an action being tried on affidavit - The cross examination should be ordered if the court considers that it is necessary for disposing of the issues which the court has to determine - but if, as in this case, the trial of the action will be a plenary hearing, it is not necessary to direct cross examination of either Mr. Brian O’Connor or Mr. Tom Kavanagh on their affidavits for the purpose of deciding whether or not the plaintiffs have made out a case for an interlocutory injunction - defendants’ application to cross examine Mr. Brian O’Connor and Mr. Tom Kavanagh refused.