Discovery costs reserved to trial of action where application had become moot and was likely to fail

Costs of legal proceedings – discovery – whether airline is entitled to costs of discovery application which has been rendered moot – airline obtained order for discovery against the State in separate proceedings – applied for similar discovery in this case – State agreed to make discovery in same terms as other case – four-month deadline – deadline extended twice – related proceedings stayed following a judgment in the European Court of Justice - State’s discovery obligations in the within proceedings remained unchanged – further and repeated delays – airline issued motion to strike out the State’s defence unless discovery furnished – also sought an order precluding the State from recovering costs of the discovery process regardless of the result of the case – discovery furnished – airline slow in discharging its own discovery commitments - State has expended considerable time and effort in satisfying its discovery obligations – difficulties that were encountered - resource constraints - final cost to the State of the making of discovery and the production of documentation will be around €300,000 - Rules of the Superior Courts governing discovery - applicable case-law – to succeed in this application, the airline must show default or negligence on the part of the State - nothing in the facts before the Court suggests that if the application proceeded the airline would have won – court never heard of the costs order sought – determines that such an order would have the potential to wreak so gross an injustice that the court cannot conceive of a circumstance in which such a form of order would ever be made - application brought by airline seems likely to have failed entirely - almost equal delay on both sides in making discovery - Court reserved the costs of the application.