The Sunday Business Post is seeking documents from millionaire businessman Mr Denis O'Brien relating to any investigation concerning Mr O'Brien's tax residency from May 1st, 2002, to date, the High Court heard yesterday.
The newspaper and Mr O'Brien are seeking documents from each other 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. Mr Justice Kelly will rule on the discovery applications today.
The newspaper wants all documents relating to any investigation, inquiry, assessment or appeal concerning Mr O'Brien's tax residency from May 1st, 2002, up to the present date.
It has also applied for press releases, extracts or other records or documents relating to public coverage of Mr O'Brien's tax residency for tax purposes and related matters for the period from May 1st, 2002, to date.
In a discovery application brought on behalf of Mr O'Brien, the newspaper is being asked to make available to his side any notes and drafts on which the article was based.
The article was due to have been published on September 17th last but it was not published as a result of proceedings in the High and Supreme Courts in September and October.
The discovery motions before the High Court yesterday were brought pending a hearing of Mr O'Brien's application for an interlocutory injunction restraining the newspaper publishing the article.
After hearing submissions yesterday from Mr Eoin McCullough SC, for the Sunday Business Post, and Mr Michael Cush SC, for Mr O'Brien, Mr Justice Kelly said he would give his decision on the discovery applications today.
Mr McCullough said his side was denying that the documents being sought by the newspaper were confidential.