Cully v Northern Bank Finance Corporation Ltd

• Jurisdiction: Ireland
• Judge: Mr. Justice O'Hanlon
• Judgment Date: 16 January 1984
• Neutral Citation: 1984 WJSC-HC 248
• Docket Number: No.2297 P/1978
• Court: High Court
• Date: 16 January 1984

1984 WJSC-HC 248

THE HIGH COURT

No.2297 P/1978

CULLY v. NORTHERN BANK FINANCE

BETWEEN:-

CHARLES CULLY

Plaintiff

-and-

NORTEHRN BANK FINANCE CORPORATION LIMITED

Defendant

APPLICATION OF THE CENTRAL BANK OF IRELAND OF DAME STREET INTHE CITY OF DUBLIN AND MICHAEL CLEERE OF 33 DODDER PARK ROAD, DUBLIN, INTHE COUNTY OF DUBLIN.

Synopsis:

BANKER

Privilege

Documents - Production - Subpoena duces tecum-Motion to set aside subpoena - Central Bank objecting to produce documents forming part of correspondence with another bank-Plaintiff's claim arising from defendant's conduct when acting in sale of plaintiff's shares in the other bank -Adequate discovery of documents by defendant-Central Bank entitled to special privilege-Subpoena set aside-Central Bank Act. 1942. s. 31 ? (1978 No. 2297P - O'Hanlon J.- 16/1/84).

Cully v. Northern Bank Finance

1 Judgment of Mr. Justice O'Hanlondelivered the 16th day of January 1984.

2 Michael Cleere is an Assistant General Manager of the Central Bank of Ireland. On the application of the Plaintiff in these proceedings a subpoena duces tecum was issued requiring the said Michael Cleere to attend the hearing of the said proceedings, which are listed for Tuesday the 17th January, 1984, to give evidence on behalf of the Plaintiff and to bring with him and produce:-

3 (1) all documents relating to the sale or purchase of shares in the Commercial Banking Company Limited during the periodJune 1973 to August 1976,

4 (2) all documents including memoranda, records, notes, reports and correspondence relating to any of the following matters:-

5 (a) Meetings or correspondence between Central Bank of Ireland representatives and any Director, servant or agent of the Defendant or the Commercial Banking Company Limited (C.B.) during the period May 1973 to August 1976 which relates to the affairs of the latter Bank,

6 (b) Meetings or correspondence which relates to any Shareholder, debtor or creditor of C.B. during the period May 1973 to August1976.

7 The subpoena was served on the said Michael Cleere on the 5th January 1984 and both he and the Central Bank of Ireland now apply to the court pursuant to a Notice of Motion dated the 6th January, 1984 for an Order setting aside the said subpoena. The Affidavit of Michael Cleere grounding the application refers to the fact that on commencing employment with the Central Bank on the 30th January, 1945 he took an oath (as he was required to do by the provisions of the Central Bank Act, 1942, Section 31), that he would not disclose any information relative tothe business, records or books of any Bank which might come to his knowledge by virtue of his position as a Governor, Director or any Officer of the Central Bank of Ireland, "except to such persons only as shall act in the execution of the statutes regulating the said Bank and where it shall be necessary to disclose the same to them for the purposes of any such statute."

8 He contended that the subpoena which had been served on him would involve him in a breach of this oath of secrecy and that therefore it should be set aside.

9 A further Affidavit was sworn on behalf of the Central Bank by Bernard J. Breen, General Manager of the Bank in which he supported the view put forward by Mr. Cleere, and in which he made the additional submission that the disclosure sought by means of this subpoena would be gravely prejudicial to the public interest since it would involve breaking the seal of confidentiality which existed in relation to all communications and dealings between the Central Bank and banks licensed under the provisions of the Currency and Central Bank Acts, 1927to 1971.

10 It appears that Northern Bank Finance Corporation Limited acted for the Plaintiff in a transaction involving the sale of his entireshareholding in the Commercial Banking Company Limited some years ago, and that the Plaintiff in the present proceedings claims damages against the NBFC for breach of contract,...