Event and Time
Event Description
On 8 July 2021, two applications were heard following orders made by Judge Macnamara on 9 June 2021 regarding the setting aside of a subpoena and the cross-examination of the plaintiffs’ solicitor, Colman Francis Moloney.
Application and Claims
- The plaintiffs filed an application to set aside the defendant's subpoena, which was issued for the production of documents from Moloney, who represented the plaintiffs.
- The defendant sought to cross-examine Moloney regarding explanations for non-compliance with prior court orders related to document discovery.
Judicial Decisions
- The applications were intended to address the substantive issue of setting aside a default judgment entered on 27 May 2021 due to non-compliance with discovery orders made on 8 April 2021.
- The hearing for the application to set aside judgment was scheduled for 20 July 2021.
Dispute Points and Legal Basis
Dispute Points
Plaintiffs' Arguments:
- Non-compliance was due to the solicitor's oversight during a busy work period and a family holiday, a circumstance that did not fault the plaintiffs.
- The subpoena issued to Moloney was inappropriate, arguing that subpoenas target non-parties and that this subpoena circumvented proper legal processes.
- The defendant lacked a legitimate forensic purpose for the subpoena and effectively sought an explanation rather than specific documents.
Defendant's Arguments:
- The defendant asserted that the subpoena sought necessary documents to establish fault in the non-compliance with discovery orders.
- They contended that privilege claims were inadequate grounds for invalidating the subpoena, arguing that it was relevant to the case and no privilege had been waived.
- The documents requested were clearly defined, and the process was not oppressive.