High Court, in bankruptcy interlocutory injunction proceedings, refuses defendant's (wife of bankrupt) application to cross-examine the official assignee of the bankrupt on certain facts and conclusions reached on affidavit concerning the reasons for the prior transfer of a valuable residential property to the defendant, on the grounds that the court will be free at the trial of the injunction application to reach its own conclusions on these matters.
Bankruptcy - application to cross-examine plaintiff on contents on affidavits used to ground application for a worldwide Marvea injunction - O.40 r.1 RSC - inherent jurisdiction of court - challenge by official assignee of bankrupt to transfer of certain shares and loans - ownership of residential property in Dublin alleged to be apart of prior agreement between bankrupt and defendant - alleged pre-planned scheme to put property beyond reach of creditors - cross-examination necessary to argue plaintiff failed to make full and frank disclosure of all material matters in application for a Marveva injunction - right to fair procedures - nature of equitable relief - three broad issues identified in conjunction with eight matters appropriate for cross-examination - fourteen averments in plaintiff's affidavits identified - test to be applied on application to cross-examine - material conflict of fact necessary - whether cross examination required to test facts or certain conclusions and inferences drawn from facts - matters peculiarly within knowledge of the bankrupt himself and his former wife - 'mindset' of deponent - court can reach its own conclusions on whether plaintiff has an arguable case - failure to exhibit an 'outdated' opinion on property transaction was overtaken by events and did not breach obligation to materially disclose - basis of bankrupt's insolvency not material to substantive injunction hearing - whether culpable errors arise from plaintiff's affidavits - plaintiff's conclusions already placed before the court to examine same further - failure to establish exceptional circumstances as to why cross-examination should be permitted at injunction hearing - application refused.