Trial judge was within his discretion when refusing application for discovery

Ní Raifeartaigh J (nem diss): Discovery - appeal of a decision of the High Court refusing to grant discovery of two categories of documents - there was a complicated history in the discovery process - initially the application was one for further and better discovery flowing from a previous order for discovery - no appeal had been brought in relation to that order - categories of documents were similar to categories sought in first application - the further and better discovery element of the application was abandoned on appeal and issue in this appeal was solely whether the appellants were entitled to discovery of the documents - the appeal was heard after the commencement of the trial in the Commercial Court - the trial was adjourned as the parties had underestimated the time it would take - no application for a stay on the order refusing discovery pending an appeal or for a stay of the proceedings pending further discovery being made - whether the discovery was necessary in the interests of justice - whether there would be an injustice if the documents were not discovered - generally an appellate court should not take into account evidence that has emerged at trial when determining whether discovery is necessary as it is not a de novo hearing - court accepted that the relevance aspect was satisfied - appellants failed to show an error of principle in decision of the High Court - appeal dismissed.