G.R. -v- J.J.D. [2014] IEHC 665 (05 December 2014)

G.R. -v- J.J.D. [2014] IEHC 665 (05 December 2014)

The respondent's application for discovery is dismissed as the documents sought are not relevant or necessary, being created after the completed gift by transfer. The respondent cannot rely on his own alleged fraudulent intent to claim a resulting trust. The registered ownership stands, and the presumption of...

Source-derived case information.

Citation
[2014] IEHC 665
Parties
Applicant: G. R.; Respondent: J. J. D.
Jurisdiction
Ireland
Judgment Date
05 December 2014
Procedural Posture
Family Law Motion / Discovery Application and Motion to Dispense With Consent
Outcome
Respondent's application for discovery and disclosure dismissed; application to dispense with consent proceeds.
Legal Topics
Discovery, Resulting Trusts, Presumption of Advancement, Dispensing With Consent, Beneficial Ownership
Family Law Property Law Equity Discovery Resulting Trusts Presumption of Advancement Dispensing With Consent Beneficial Ownership

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Summary, issues, holding and outcome

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Parties

G. R.

Applicant

J. J. D.

Respondent

Procedural Posture

Family Law Motion / Discovery Application and Motion to Dispense With Consent

Legal Issues

  1. 1 Whether discovery of documents relating to bank accounts, farm transactions, and property transfer is necessary
  2. 2 Whether the presumption of advancement applies to the transfer of property between spouses
  3. 3 Whether the respondent is entitled to a declaration of resulting trust

Ratio Decidendi

The respondent's application for discovery is dismissed as the documents sought are not relevant or necessary, being created after the completed gift by transfer. The respondent cannot rely on his own alleged fraudulent intent to claim a resulting trust. The registered ownership stands, and the presumption of advancement is not required to save the transfer. The application to dispense with the respondent's consent to the sale of the family home proceeds without consideration of resulting trust or further discovery.

Court Disposition

Respondent's application for discovery and disclosure dismissed; application to dispense with consent proceeds.

Orders

  • Respondent's motion for discovery and disclosure dismissed.
  • Application to dispense with respondent's consent to sale of family home to proceed.