An application by the former chairman and managing director of the Master Meat Packers group for an order entitling him to further documents was refused by the Supreme Court yesterday.
Mr Pascal Phelan was seeking the documents in preparation for a £13 million legal claim against his former partner and against the businessman Mr Larry Goodman.
Mr Phelan claimed he and his former partner, Mr Zacharia El Taher, became equal shareholders in each of the 10 companies in the Master Meat Packers group in 1986.
He has alleged that in April 1987, Mr Goodman and Mr Taher "maliciously and wrongfully conspired" to breach agreements and to defraud and damage Mr Phelan and his shareholding in the Master Meat Packers group with "a view to eliminating Mr Phelan and the group as a competitor of Goodman International".
In his defence, Mr Goodman denies every allegation of wrongdoing by him or any agent of his.
Yesterday, Mr Justice Murphy gave the Supreme Court's reserved decision refusing Mr Phelan's application for further discovery of documents.
The judge said Mr Phelan had claimed Mr Taher "acted in concert with Goodman to secure the removal of the Master Meat group of companies from the meat trade in Ireland and elsewhere, whether by putting them into receivership or securing ownership and control".
Having regard to the case being made, it was not surprising Mr Phelan viewed the conduct by Mr Goodman in these proceedings with suspicion, the judge said.
Mr Goodman resented the allegations made against him and he and his legal advisers had expressed indignation at what they saw as the unnecessary difficulties created by Mr Phelan.
Mr Goodman had claimed he had produced all the documents of which he was aware in relation to Mr Phelan's claims.
While recognising the force of arguments made by Mr Phelan's counsel, it seemed the evidence presented was insufficient to satisfy the court that relevant documents were or are in Mr Goodman's possession which should have been but had not been discovered, the judge said.
The court dismissed Mr Phelan's appeal against a High Court finding refusing him further discovery.