The High Court has permitted millionaire businessman Mr Denis O'Brien to expand the scope of his legal proceedings against the Sunday Business Post so as to include a claim for aggravated damages against the newspaper over its publication of an article last May about his tax affairs.
Mr James O'Callaghan, for Mr O'Brien, was given leave yesterday to amend his client's statement of claim against the newspaper. The amendment alleges that an article published in the Sunday newspaper on May 25th last was intentionally published in the knowledge that matters referred to in the article were confidential to Mr O'Brien.
On behalf of the newspaper, Mr Paul Burns agreed to the amended claim and also agreed to discover all notes, records and other documents used for the preparation of the article published on May 25th.
Meanwhile, the Sunday Business Post is appealing to the Supreme Court against the High Court refusal, in a decision by Mr Justice Kelly last month, to direct Mr O'Brien to discover documents relating to any investigation concerning Mr O'Brien's tax residency from May 1st, 2002.
In its discovery application, the newspaper had looked for all documents relating to any investigation, inquiry, assessment or appeal concerning Mr O'Brien's tax residency from May 1st, 2002, to 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.
Mr Justice Kelly had ruled the documents relating to any investigations into Mr O'Brien's tax affairs were not necessary to determine the issues in the case and to dispose fairly of it.
He also refused an application by Mr O'Brien to have the newspaper make available any notes and drafts on which was based a Sunday Business Post article, which the newspaper had planned to publish last September but did not do so after 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.
The documents being sought by both Mr O'Brien and the Sunday newspaper 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 on grounds including a claim that a citizen's tax affairs are confidential.