D. (S.) v. D. (B.) [2005] IEHC 331 (19 October 2005)

D. (S.) v. D. (B.) [2005] IEHC 331 (19 October 2005)

There is no need for further and better discovery as requested by the applicant, given the materials before the court and the respondent's offer to make further discovery as already agreed.

Citation
[2005] IEHC 331
Parties
Applicant: S. D.; Respondent: B. D.
Jurisdiction
Ireland
Judgment Date
19 October 2005
Procedural Posture
Family Law Divorce Application / Motion for Further and Better Discovery
Outcome
motion for further and better discovery struck out
Legal Topics
Divorce, Separation Agreement, Discovery, Maintenance
Family Law Divorce Separation Agreement Discovery Maintenance

Case Brief

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Parties

S. D.

Applicant

B. D.

Respondent

Procedural Posture

Family Law Divorce Application / Motion for Further and Better Discovery

Legal Issues

  1. 1 Whether the 1985 Separation Agreement constituted a 'clean break'
  2. 2 Whether further and better discovery should be ordered

Ratio Decidendi

There is no need for further and better discovery as requested by the applicant, given the materials before the court and the respondent's offer to make further discovery as already agreed.

Court Disposition

motion for further and better discovery struck out

Orders

  • Time for discovery as already agreed by the respondent extended