D. (B.) v. D. (J.) [2005] IEHC 154 (4 May 2005)

D. (B.) v. D. (J.) [2005] IEHC 154 (4 May 2005)

The High Court is bound by the previous valuations of the family business (€10 million) and home (€1 million) but may consider the current financial and tax circumstances of the companies for the limited purpose of making proper provision as directed by the Supreme Court. The court may also consider both the business and the family home in its assessment, but cannot revalue them. The court retains discretion regarding costs, and the Supreme Court's decision on costs was fact-specific.

Citation
[2005] IEHC 154
Parties
Applicant: B. D.; Respondent: J. D.
Jurisdiction
Ireland
Judgment Date
04 May 2005
Procedural Posture
Family Law Judicial Separation / Post Appeal Remittal for Further Findings on Specified Issues
Outcome
Directions given for scope of rehearing; court bound by previous valuations but may consider current financial and tax circumstances; costs discretion reaffirmed.
Legal Topics
Judicial Separation, Proper Provision, Asset Valuation, Tax Consequences, Costs in Family Law
Family Law Judicial Separation Proper Provision Asset Valuation Tax Consequences Costs in Family Law

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Parties

B. D.

Applicant

J. D.

Respondent

Procedural Posture

Family Law Judicial Separation / Post Appeal Remittal for Further Findings on Specified Issues

Legal Issues

  1. 1 Whether the High Court on remittal can revalue the family business and home or is bound by previous valuations
  2. 2 Whether the court can consider current financial and tax circumstances in making proper provision
  3. 3 Scope of the rehearing as directed by the Supreme Court

Ratio Decidendi

The High Court is bound by the previous valuations of the family business (€10 million) and home (€1 million) but may consider the current financial and tax circumstances of the companies for the limited purpose of making proper provision as directed by the Supreme Court. The court may also consider both the business and the family home in its assessment, but cannot revalue them. The court retains discretion regarding costs, and the Supreme Court's decision on costs was fact-specific.

Court Disposition

Directions given for scope of rehearing; court bound by previous valuations but may consider current financial and tax circumstances; costs discretion reaffirmed.

Orders

  • Court will proceed on the basis of previous asset valuations but consider current financial/tax circumstances for proper provision.
  • Both business and family home will be considered in the limited manner indicated.