S.Q -v- T.Q [2014] IEHC 389 (06 June 2014)

S.Q -v- T.Q [2014] IEHC 389 (06 June 2014)

Given husband's ability to procure company information for his own valuation and absence of evidence he requested equivalent information for wife's accountants, coupled with the court's quasi-inquisitorial role and statutory duty to ensure proper provision, the court distinguishes general discovery principles and orders husband to furnish requested particulars and documentation to wife, adjourning proceedings to enable compliance.

Citation
[2014] IEHC 389
Parties
Applicant: S. Q.; Respondent: T. Q.
Jurisdiction
Ireland
Judgment Date
06 June 2014
Procedural Posture
Judicial Separation / Interlocutory Application for Disclosure/vouching of Affidavit of Means
Outcome
Application granted
Legal Topics
Judicial Separation, Ancillary Relief, Disclosure of Financial Information, Company Shareholding Valuation, Discovery, Separate Legal Personality
Family Law Judicial Separation Ancillary Relief Disclosure of Financial Information Company Shareholding Valuation Discovery Separate Legal Personality

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Parties

S. Q.

Applicant

T. Q.

Respondent

Procedural Posture

Judicial Separation / Interlocutory Application for Disclosure/vouching of Affidavit of Means

Legal Issues

  1. 1 Scope of High Court's power to order spouse to provide information about company in which spouse holds majority shareholding
  2. 2 Whether requested company documents are within husband's possession, power, or procurement
  3. 3 Relevance and necessity of requested information for proper provision under Family Law Act 1995

Ratio Decidendi

Given husband's ability to procure company information for his own valuation and absence of evidence he requested equivalent information for wife's accountants, coupled with the court's quasi-inquisitorial role and statutory duty to ensure proper provision, the court distinguishes general discovery principles and orders husband to furnish requested particulars and documentation to wife, adjourning proceedings to enable compliance.

Court Disposition

Application granted

Orders

  • Husband ordered to furnish wife with particulars of property and income as set out in schedule to wife's notice of motion
  • Proceedings adjourned for specified period to enable compliance with request for vouching of husband's affidavit of means