McCann & ors -v- Trustees of Victory Christian Fellowship [2014] IEHC 655 (17 December 2014)

McCann & ors -v- Trustees of Victory Christian Fellowship [2014] IEHC 655 (17 December 2014)

Defendants as trustees of Victory Christian Fellowship must make full disclosure and discovery of assets, income, liabilities, and third party funding details to aid execution of judgment, including identification of funders and related documentation, as prior disclosure is necessary to clarify conflicts and enable focused oral examination; jurisdiction for such orders exists under Order 42 rule 36.

Citation
[2014] IEHC 655
Parties
Plaintiff: Paul McCann; Plaintiff: Patrick Dillon; Plaintiff: Bank of Scotland Plc; Defendant: Brendan Hade; Defendant: Sheila Hade; Defendant: Gerry Byrne
Jurisdiction
Ireland
Judgment Date
17 December 2014
Procedural Posture
Post Judgment Motions for Disclosure and Discovery / High Court, Post Judgment, Motions for Orders in Aid of Execution
Outcome
Motions granted
Legal Topics
Disclosure of Assets, Third Party Funding, Trustee Liability, Costs Orders, Charitable Status
Civil Procedure Trusts and Trustees Enforcement of Judgments Disclosure of Assets Third Party Funding Trustee Liability Costs Orders Charitable Status

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Parties

Paul McCann

Plaintiff

Patrick Dillon

Plaintiff

Bank of Scotland Plc

Plaintiff

Brendan Hade

Defendant

Sheila Hade

Defendant

Gerry Byrne

Defendant

Procedural Posture

Post Judgment Motions for Disclosure and Discovery / High Court, Post Judgment, Motions for Orders in Aid of Execution

Legal Issues

  1. 1 Whether defendants as trustees must disclose assets and income to aid execution of judgment
  2. 2 Whether defendants must disclose identity and details of third party funders for legal fees
  3. 3 Extent of disclosure required prior to oral examination

Ratio Decidendi

Defendants as trustees of Victory Christian Fellowship must make full disclosure and discovery of assets, income, liabilities, and third party funding details to aid execution of judgment, including identification of funders and related documentation, as prior disclosure is necessary to clarify conflicts and enable focused oral examination; jurisdiction for such orders exists under Order 42 rule 36.

Court Disposition

Motions granted

Orders

  • Order for disclosure and discovery of assets, income, liabilities, and expenditure by defendants as trustees of Victory Christian Fellowship.
  • Order for defendants to swear and serve affidavit confirming disclosed information and exhibiting supporting documentation.