K. (A.) v. K. (P.) [2005] IEHC 272 (27 July 2005)

K. (A.) v. K. (P.) [2005] IEHC 272 (27 July 2005)

Further and better discovery will only be ordered where there is adequately probative evidence supporting the need for additional documents. In this case, most of the applicant's requests are unjustified and amount to a fishing expedition, except for two categories where the applicant has provided sufficient evidence to warrant further discovery.

Citation
[2005] IEHC 272
Parties
Applicant: A. K.; Respondent: P. K.
Jurisdiction
Ireland
Judgment Date
27 July 2005
Procedural Posture
Family Law (divorce) / Interlocutory Application for Further and Better Discovery
Outcome
Partially granted
Legal Topics
Discovery, Affidavit of Means, Financial Disclosure, Divorce Proceedings
Family Law Civil Procedure Discovery Affidavit of Means Financial Disclosure Divorce Proceedings

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Parties

A. K.

Applicant

P. K.

Respondent

Procedural Posture

Family Law (divorce) / Interlocutory Application for Further and Better Discovery

Legal Issues

  1. 1 Whether the applicant is entitled to further and better discovery from the respondent beyond documents already disclosed
  2. 2 Whether the requests for discovery are justified or amount to a fishing expedition

Ratio Decidendi

Further and better discovery will only be ordered where there is adequately probative evidence supporting the need for additional documents. In this case, most of the applicant's requests are unjustified and amount to a fishing expedition, except for two categories where the applicant has provided sufficient evidence to warrant further discovery.

Court Disposition

Partially granted

Orders

  • Discovery ordered in respect of vouching for liabilities listed in the respondent's Affidavit of Means (category 8).
  • Discovery ordered for breakdown of income for two sample years (1999 and 2002) by production of appointment books and records of fees invoiced to clients not subject to retention tax (category 4).