HUNDREDS OF new documents have come to light after the High Court last week upheld claims by RTÉ broadcaster Pat Kenny that his neighbour had failed to make proper discovery of material for a hearing over ownership of lands adjoining their homes in south Co Dublin which is due to open today.
However, most of the documents are privileged, the court was told. The existence of the documents will not affect the start of the hearing this morning to decide ownership of land known as Gorse Hill, in Dalkey, Co Dublin, Mr Justice Frank Clarke was told.
Retired solicitor Gerard Charlton and his wife, Maeve, have brought an action against Mr Kenny and his wife, Kathy.
The Charltons claim they are owners of the land but the Kennys say they have acquired title by virtue of adverse possession or "squatters' rights".
The case was before the High Court yesterday following an unsuccessful attempt last week by Mr Kenny to stop the trial on grounds of Mr Charlton's failure to disclose the existence of documents, including aerial photos of the land, during the pre-trial discovery process. Mr Justice Clarke refused to stop the trial but said Mr Charlton was wrong not to disclose all matters which might be relevant to the trial.
The judge ordered that Mr Charlton swear out a new affidavit of discovery to remedy the matter in advance of today's planned hearing. Yesterday, the judge was told that, in new affidavits sworn since last Thursday, a total of 717 new documents were referred to and these raised a number of issues which needed to be addressed.
Counsel for Mr Charlton, Brian Murray SC, said the majority of the new documents benefited from client confidentiality privilege. The Kennys were awarded the costs of last week's court application.