An attempt by the Sunday Business Post to secure documents from millionaire businessman Mr Denis O'Brien relating to any investigation concerning his tax residency from May 1st, 2002 to date, was dismissed by the High Court yesterday.
Mr Justice Kelly also refused an application by Mr O'Brien to have the newspaper make available any notes and drafts on which was based an article which it had planned to publish last September but did not. Mr O'Brien secured an injunction restraining publication.
That injunction was later discharged by the High Court, and an appeal against that discharge is pending before the Supreme Court.
However, while refusing discovery of notes and drafts regarding the September article - on the grounds that the article was not published - the judge said that such documents would be discoverable if Mr O'Brien wished to amend his case to pursue a claim for aggravated damages. These might arise from an earlier published Sunday Business Post article of May last, which also dealt with Mr O'Brien's tax affairs. Mr Jim O'Callaghan, for Mr O'Brien, indicated such an amended claim would probably be made.
Mr O'Brien has also agreed to discover any press statements issued by him from May 2002 relating to his tax residency.
The documents being sought by both Mr O'Brien and the Sunday Business Post are sought in preparation for the hearing of proceedings in which Mr O'Brien is seeking to prevent the newspaper publishing an article relating to his tax affairs.
The judge said he would list the case for mention tomorrow when he hoped to give it an early trial date.