By Ann O'Loughlin
Denis O’Brien has lost his appeal over the High Court's refusal to make orders directing Red Flag Consulting to give him documents that might disclose the identity of its client for a dossier about the businessman.
Mr O’Brien’s counsel Michael Cush SC had argued he is entitled to know if the client is the businessman’s “absolute sworn number one enemy in the world”. It was argued Mr O’Brien needs the client’s identity for proceedings over the dossier, which he alleges contains defamatory material about him.
A three-judge Court of Appeal today dismissed Mr O'Brien's appeals over the High Court refusal of discovery. It also dismissed a cross-appeal by Red Flag against orders requiring it to disclose documents relating to communications between it and the client.
The president of the Court of Appeal, Mr Justice Sean Ryan, sitting with Mr Justice Michael Peart and Mr Justice Gerard Hogan, said the businessman's claim in his case against Red Flag is one of conspiracy to damage him in a variety of ways, including defamation.