RTÉ is seeking a motion to strike out a case taken by businessman Sean Gallagher against the broadcaster in which he claims a 2011 Frontline TV debate in the lead up to the presidential election was unfair and damaged his electoral chances.

RTÉ is seeking to have the case dismissed, arguing that Mr Gallagher has not fully disclosed documents it has requested from him.

Counsel for RTÉ, Paul Gallagher SC, said the application was significant but necessary and appropriate.

He told the court that there has been serious negligence to the way discovery has been approached and continues to be approached by the plaintiff.

He said the case taken by Sean Gallagher concerns serious allegations that RTÉ acted unfairly and that Sean Gallagher now ascribes his failure to succeed in being elected not on his general performance but what he complains is wrongdoing by RTÉ.

Paul Gallagher also said the plaintiff's attitude to discovery is alarming and that if the court decides not to dismiss the case, an order is being sought to have the plaintiff fully comply with the discovery.

Sean Gallagher is bringing the High Court action against RTÉ claiming that the October 2011 debate was unfair and damaged his electoral prospects.

During the programme, the presenter Pat Kenny put a tweet to Sean Gallagher that was incorrectly attributed to the 'Martin McGuiness for president' campaign.

The tweet referred to Sean Gallagher, to Fianna Fáil and to a convicted fuel smuggler.

Mr Gallagher is also seeking damages.

His lawyer acknowledged there had been obvious deficiencies in the initial discovery and that was regretted by Mr Gallagher.

Niall Buckley SC said they had been satisfactorily rectified and Mr Gallagher remains willing to engage in whatever discovery the court might deem appropriate.

The hearing is due resume tomorrow morning at 11am.

Sean Gallagher was not in court for today's proceedings