A v. B

Parties

Procedural Posture

Matrimonial Ancillary Relief Discovery Application / Interlocutory (pre FDR Discovery)

Legal Issues

1. 1 Whether there is prima facie evidence that specific documents or classes of documents exist and are in the possession, custody or power of the respondent or related entities
2. 2 Whether the respondent as former director has power or custody to produce company documents of family companies
3. 3 Whether trust documents and distribution records must be disclosed and whether respondent had beneficial interest in trust distributions

Ratio Decidendi

The court ordered limited, targeted discovery: the respondent must use best endeavours to provide company information and details of trust distributions and file an affidavit within 14 days, and the petitioner must produce specified outstanding documents within 14 days; broad requests about third‑party accounts were refused as impermissible fishing and extensive bank tracing was adjourned to the maintenance pending suit hearing. The orders balance relevance and proportionality under Order 24 r7/r8 and established authority on directors' power to produce company documents.

Court Disposition

Interlocutory orders granting limited discovery on best endeavours with strict short deadlines; some requests refused as fishing; further questions adjourned to maintenance pending suit hearing; costs reserved.

Orders

• Respondent to file an affidavit within 14 days setting out answers and best endeavours to provide information and documents concerning D Limited, E Limited, F Limited and similar family companies and what further attempts he has made
• Respondent to produce (within 14 days) tables/records tracing G Trust distributions to the extent not already produced and to use best endeavours to provide annual accounts and particulars of advances/distributions since 1 Jan 2010 insofar as in his power