Read the full judgment text of CACV 000157/1992 on BabelCite. This Court of Appeal judgment was delivered on 9 February 1993 before Sir Derek Cons, V.-P., Litton, J.A. and Godfrey, J..
Civil procedure – ancillary relief – restraining orders against third parties – jurisdiction – sufficiency of evidence – discovery order – undertaking as to damages – Matrimonial Causes Rules Rule 74(3)(b) – Form 9 – appeal from Judge Rattigan – wife's application for financial relief – beneficial ownership of properties held by third parties – family connections – husband's lack of frankness – no evidence for Kornhill property – interim discovery order exceptional – appeal allowed in part – restraining orders conditional on undertaking as to damages – discovery order set aside.
Legal issues: Jurisdiction to make restraining orders · Sufficiency of evidence for restraining orders · Propriety of discovery order
Outcome: Appeal allowed in part; restraining orders varied; discovery order set aside.