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Court of Appeal dismisses appeal from High Court, and affirms order granting discovery of documents relating to the price paid by a plaintiff in the transfer of loans from the original lender, where an action against a borrower included a claim of unjust enrichment, on the grounds that: (a) where unjust enrichment was alleged against a borrower, the price paid by the plaintiff for the lender's interest was likely to be a relevant factor in the absence of clear authority to the contrary; and (b) a claim in defence that the loans had been acquired below 'par value' was more than a 'mere assertion' as it went to the heart of the defence to the claim of unjust enrichment.
Haughton J (nem diss): Discovery - claim to recovery monies due on foot of loan facilities - transfer of loan from original lender - whether documents confidential or commercially sensitive - claim in sum of €4.1 million - commercial property investment - claim arising from loan facility letters - alternative claim for restitution - equitable lien over property in Romania - unjust enrichment - documents concerning amount paid by plaintiff for transfer of loans from original lender - discover ordered in High Court - invoking equitable principle of restitution - whether error by High Court - discretion of appeal court to vary discovery - relevance - mere assertion - whether plaintiff suffered an identifiable loss - confidential and commercial sensitivity - balancing exercise.
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