High Court refuses a defendant’s application for discovery of documents from a bank in proceedings concerning the defendant’s alleged debt to the bank in the sum of almost €18 million, on the grounds that the defendant failed to establish that the bank deliberately withheld relevant and necessary documentation when swearing previous affidavits of discovery in these proceedings.
Discovery - summary summons – bank seeking judgment in the sum of almost €18 million – loans afforded to defendant in personal capacity and to a development company of which he was a director and whose loans he guaranteed – proceedings remitted to plenary hearing – defendant counterclaimed for damages – defendant sought 46 categories of discovery – unusual procedural history – withdrew discovery request in respect of 27 categories on a without prejudice basis – now seeking these categories – Court determined that he should not be permitted to resile from his concession - the letter by which the request was withdrawn regarding these categories amounts to a considered decision that no necessity then existed for discovery of those documents - nowhere explained why he instructed his solicitors to withdraw the concession with regard to this twenty-seven categories of documents – no reason for change of mind - no basis has been shown on which the defendant is to be entitled to resile from the withdrawal of his request in regard to the twenty-seven categories – discovery or further and better discovery – 3 affidaits of discovery sworn by the bank - discovered in excess of 1,100 documents and 3,000 or thereabouts documents in electronic form – deponent stated that discovery is sufficient – does not say that all documents discovered - defendant’s argument arising from his disquiet regarding the completeness of the discovery made is misplaced, and may be adequately dealt with by an application for further and better discovery – whether the 19 remaining categories are relevant and necessary – discovery made to date sufficient – fishing – category sought not a correct matter for discovery – failed to show a class of documents which have not been disclosed – discovery ordered of any documents relating to meetings between the Bank and Wexford County Council since 5th March, 2009 only - not the purpose of discovery to enable this defendant to obtain documents he may wish to use to pursue or further his claim against those other persons - discovery ordered of any minutes of meetings between Patterson Bannon and Associate Architects and the bank regarding the works on the site the subject matter of the development – discovery ordered of documents pertaining to the drawdown on certificate 16.