Wicklow and Wicklow and Anor (No. 2)

This matter came before Justice Fowler concerning an application by an intervenor, which was dismissed. The primary dispute involved the parties to a marriage, the husband and wife, who consented to orders being made in terms of a document titled “Minute of Orders directed to be prepared by the applicant wife”.

The court was required to determine a range of issues, primarily concerning the disclosure of financial documents and information by the husband. These included documents relating to a motorboat, the husband's new business, loan accounts, the liquidation of related entities, an abandoned property purchase, nautical equipment, luxury vehicle events, travel, and tax assessments. The court also addressed the provision of written information verified by affidavit regarding benefits received from family trusts, payments to bank accounts, personal expenditure, and salary/distribution payments. Further issues involved the sale of a property, the provision of communications with a single expert, amendments to family trust accounts, and the provision of documents relating to another family trust and the wife's interest in an estate.

Justice Fowler's reasoning, as reflected in the orders, focused on ensuring comprehensive financial disclosure and facilitating the orderly resolution of property matters. The orders mandated the husband to deliver specific documents and information within defined timeframes, with strict consequences for non-compliance, including the potential for the wife to proceed on an undefended basis. The court also made orders regarding the sale of a property, setting reserve prices and sale methods, and directed amendments to family trust accounts to accurately reflect asset distribution. Provisions were made for interim costs for both parties, to be paid from the proceeds of sale of motor vehicles held on trust by the wife.

The court ordered that the intervenor's application be dismissed. By consent of the parties, detailed orders were made concerning disclosure of documents and information by the husband, the sale of a property, amendments to family trust accounts, and the provision of documents relating to the wife's interest in an estate. Interim costs were also ordered, with specific sums allocated for each party's legal representatives from the proceeds of sale of certain motor vehicles. Leave was granted to the intervenor to re-list the matter if the property did not sell within six weeks of the January auction, specifically concerning the reserve price for a subsequent auction.