Bula Ltd v Tara Mines Ltd (No. 4)

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1991
• Docket Number: [S.C. No. 48 of 1990]
• Date: 01 January 1991

Bula Ltd. v. Tara Mines Ltd. (No. 4)

Bula Limited and Others

Plaintiffs

and

Tara Mines Limited and Others, Defendants (No. 4)

[S.C. No. 48 of 1990]

Supreme Court

Practice and procedure - Discovery - Format of affidavit of discovery - Whether documents should be individually identified - Exchange of affidavits of discovery - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 31, r. 13.

The High Court made an order and cross order for discovery and ordered that the affidavits of discovery be exchanged in court. The second, third and fourth defendants did not complete their affidavits of discovery on time and the plaintiffs objected to handing over their affidavit of discovery to the other defendants until all parties were in a position to exchange affidavits. The High Court ordered the exchange of completed affidavits notwithstanding the unpreparedness of the second, third and fourth defendants.

The affidavits of the first, fifteenth and sixteenth defendants claimed legal professional privilege for certain documents which were grouped together under generic descriptions in the affidavit of discovery. The plaintiffs objected that this was insufficient particularisation of the claim for privilege and so the affidavit failed to comply with...