Businessman David Agar is entitled to access legal documents in which his former business partner and close friend, George Tracey, made serious allegations against him in a case to which he was not a party, a High Court judge has ruled.
Mr Tracey made the allegations when unsuccessfully opposing a claim by AIB for summary judgment totalling some €18 million against him arising from various loans. Mr Agar emphatically rejected the allegations, Mr Justice Gerard Hogan noted.
The judge gave judgment against Mr Tracey earlier this month and, arising from that case, yesterday granted Mr Agar’s separate application for access to affidavits and other documents used in the case.
Noting Mr Agar’s application was “of some novelty” and “considerable importance”, he ruled Mr Agar was entitled to access the documents given they were effectively opened in court and in light of the constitutional protection of a citizen’s right to their good name.
The judge added he believed court permission is not actually required for Mr Agar to access the documents. The allegations were ventilated in civil proceedings in open court and the affidavits were “effectively” and “fully opened” as the allegations were partly or fully read out and referred to, he ruled.
'Extremely close friends'
The judge added he would put a stay on his orders to allow Mr Tracey's side time to consider an appeal.
Outlining the background earlier, he noted Mr Tracey and Mr Agar were formerly not only business partners in the property market but “extremely close friends”. The “acute downturn” in the property sector had “evidently put that friendship to the test”.
When defending the AIB claim, Mr Tracey had contended AIB mismanaged his affairs, including by allegedly allowing portions of loans supposedly drawn down by various companies jointly owned and controlled by Mr Tracey and Mr Agar to be misappropriated by Mr Agar, the judge said.
While he had not directly adjudicated on those claims, the judge said he had found, save in one respect, AIB was entitled to summary judgment.
At the end of the case, Mr Agar’s solicitor sought the relevant affidavits containing the claims against Mr Agar. When Mr Tracey’s lawyers refused, the judge was asked to direct they be handed over.
Yesterday, the judge said he considered the documents at issue were “fully opened” and Mr Agar was entitled to access them.
