Tarrant v Nadia Elise Morel Du Boil

[2008] QDC 61

[2008] QDC 61

DISTRICT COURT
CIVIL JURISDICTION

JUDGE KINGHAM

No 2696 of 2007

PENELOPE BRITT TARRANT AND	Applicant
MARY-ANN BELINDA TARRANT
and
NADIA ELISE MOREL DU BOIL	Respondent
No 2529 of 2006
PENELOPE BRITT TARRANT AND MARY-ANN BELINDA TARRANT	Plaintiff

and

NADIA ELISE MOREL DU BOIL Defendant

BRISBANE

..DATE 25/02/2008

ORDER
HER HONOUR: This is an application for orders against

1

Penelope Britt Tarrant and Mary-Ann Belinda Tarrant by the
Executor of the will, Bradley Tarrant. What is sought is
disclosure of documents specified in a schedule that was
handed to me during the hearing. Further, if the documents

are not disclosed, the applicant seeks an affidavit by	10
Penelope and Mary-Ann Tarrant, deposing to which documents do not exist or have never existed or when they ceased to exist or passed out of their control.
I am not satisfied the orders should be made. The entities	20
that are named in the schedule have tangential links only to
Penelope Tarrant and no apparent link at all to Mary-Ann
Tarrant. Firstly, looking at Fernkamp and Litigation Funding, there is no link at all established between those two entities and Mary-Ann Tarrant. The link that has been established	30
between Penelope Tarrant and those two entities is not such that I would be persuaded that these companies are her alter egos.
As to Bannerhigh, there is no link at all established between	40
either of the Tarrants and that company. The link is an
inferential one via a trust of which Damien Burke is the
primary beneficiary. The inferential link is based on the
assumption that Penelope Tarrant is now married to Damien
Burke. There is no evidence before me as to that.	50

If Penelope Tarrant is indeed married to Damien Bourke then by
the terms of the trust she would be a primary beneficiary and
Mary-Ann Tarrant would be a secondary beneficiary. As there 2 ORDER 60

1

is no evidence before me of the marriage, there is no evidence

that they are currently beneficiaries of that trust.

Many of the documents sought are more properly obtained by way

of an application for non party disclosure, in particular the	10
bank statements and financial statements and tax returns
relating to the firm, Damien Bourke and Associates, and those named as spouses, Damien Bourke and Gregory Fallon. I do not think it is appropriate that non party disclosure is effected in this way.	20
I note the undertaking by the Tarrant's representatives that
the 2004 tax return for Penelope Tarrant will be provided. I also note that prior to the hearing of this matter affidavits will be filed by both Penelope and Mary-Ann Tarrant updating	30
their financial circumstances. At this stage, I am not
satisfied there is any need for any further order to disclose
and I decline the application. In light of the application being wholly unsuccessful I will make the usual order as to costs. Costs will be borne by the applicant for these orders.	40

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50

3 ORDER 60