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Defendants granted application for discovery in breach of contract proceedings

By: Colm Scott Byrne BL

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High Court, in breach of contract proceedings: (i) dismisses the plaintiff's application for discovery, save as to category B, which was agreed, on the grounds that the categories were not relevant or necessary and were not founded on the pleadings; (ii) grants the defendants’ motion, with the qualification that category C would only apply insofar as the material was relevant to the work allegedly done by the plaintiff for the defendants; and (iii) awards the defendants the costs of both motions with a stay on execution pending the determination of the proceedings.

Two applications for discovery - breach of contract proceedings - whether the documents were relevant - whether the documents were necessary - Court refuses the plaintiff's application for discovery with the exception of category B which was agreed - Court grants the defendants’ motion with the qualification that category C would only apply insofar as the material was relevant to the work allegedly done by the plaintiff for the defendants - costs awarded in favour of the defendants with a stay on execution pending the determination of the proceedings.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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