One of the country's leading exporter of pedigree cattle, who alleges he was defamed in an article in the Irish Farmers Journal three years ago, has been ordered by a judge to disclose audited accounts for three years.
Barrister Ciaran Lawlor, counsel for 77-year-old cattle exporter Hubert Maxwell, told the Circuit Civil Court on Wednesday that his client was abandoning any claim of financial loss and should therefore not have to disclose financial documents.
Mr Maxwell, of Ballinagare, Castlerea, County Roscommon, is a well-known exporter of pedigree Holstein and Friesian cattle internationally and is suing the Agricultural Trust which trades as the Irish Farmers Journal, of the Irish Farm Centre, Bluebell, Dublin.
Mr Maxwell alleges that in an article in the Irish Farmers Journal on prices for dairy stock it was implied he had underpaid farmers for livestock and while not specifically naming him he had been identified as the exporter concerned.
Gareth Compton, counsel for the trust, told the court that in the civil bill served on his client there had been an allegation of financial loss and, in order to defend the case, he was entitled to the financial statements included in his demand for discovery.
Mr Lawlor said Mr Maxwell was seeking to set aside an order of the county registrar of March 2016 relating to discovery of financial documents from 2012 up to July 2015 arising from an alleged defamation.
He said there was no specific claim for any special damages for financial loss and the claim related only to loss of personal and financial reputation.
Mr Maxwell resiled from an allegation of financial loss in his proceedings. Mr Lawlor said it was the contention of the defendants that they were entitled to all management accounts but the indorsement of claim had not stated that Mr Maxwell’s business had been financially diminished as a result of the article.
He would be stating that it was his reputation that had been damaged and that he might have to work harder to repair relationships with his cattle suppliers. It was possible for one’s reputation to be damaged without financial loss.
Mr Compton said a different claim was now being made and, although the documents might harm the case being made by the plaintiff, he was entitled to examine the business accounts to see if they helped the trust’s case.
He believed they could be crucial to his side in its defence. Judge Linnane said an order had been made on consent of the parties by the county registrar on July 13, 2015 and it included management and audited accounts and discovery was to have been made within six weeks.
The plaintiff’s affidavit of discovery had not dealt with management accounts and in a second application to the County Registrar she had directed that her original order be complied with.
Judge Linnane struck out Mr Maxwell’s appeal against the county registrar’s order and directed that the discovery order be complied with within four weeks from today.
