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High Court refuses application seeking the leave of the court to issue a motion requiring the attendance of plaintiff's witness for cross examination in respect of an affidavit tending to support claims that the defendants were seeking to put their assets beyond the reach of the plaintiffs, as: a) the defendants have not filed an affidavit challenging such information as a pre-requisite for seeking leave; and b) cross-examination would be irrelevant to the issues to be determined at trial and would serve no useful purpose in the case.
Application for leave to cross-examine - O.40 r.1 RSC - inherent jurisdiction of the court - application by personal defendants on foot of individual's sworn affidavit - ex parte - information supporting plaintiffs' claims that defendants seeking to put assets beyond reach - whether information casts defendants in a negative light - separate proceedings ongoing in USA and UK - costs in ex part application made costs in the cause - whether constitutional issues arise if application refused - In Re Haughey - no affidavit filed challenging detail set out in affidavit in issue - pre-requisite to present application therefore not complied with - test to be applied - cross examination not relevant to issues to be determined at trial and would serve no useful purpose - application refused.
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