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Court of Appeal dismisses appeal from High Court, and affirms ancillary orders made in divorce proceedings, to include an order to unwind a trust directed in 2010 as part of judicial separation proceedings, on the grounds that: (a) there had been adequate evidence for the trial judge to make the decision to unwind the trust as part of proper provision; and (b) a comment by the judge in the earlier proceedings that the wife was not a 'financially minded' person was not binding on the later proceedings, and was not borne out by the evidence.
Woulfe J (nem diss): Family law - divorce - directions to trustee of trust - order that husband pay 160K towards costs of wife - marriage in 1990 in Australia - return to Ireland in 1997 - judicial separation proceedings commencing in 2007 - orders made by High Court in 2010 - 'resource pool' of €7m - transfer of over €3m ordered - acquisition of residence - establishment of trust to provide secure income to wife into future - annual income of €73K - details of trust ordered by High Court - attempts to change terms of trust - annual income from trust less than expected - conservative nature of investment in trust - taxation of costs in proceedings - divorce proceedings - ancillary orders - proper provision - application to unwind trust - discovery - concerns over level of legal fees paid - whether wife was a 'financially minded' person - failure to buy a house - whether proper provision required winding up of trust - legal costs.
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