Published 26 June 2019
Application for appointment of inquiror — scope of inquiry — forensic accountant — valuation of company — valuation of shareholding — jurisdiction of the court to appoint an inquiror — Property (Relationships) Act 1976, s 38. The applicant sought to have an inquiror appointed to determine and report on a company that the applicant and the respondent were both shareholders in. The applicant asked that an enquiry be made into the value of the parties' shares, whether there was any funds owing to either of the parties personally from the company, and whether any relationship property had been disposed of to the company. The application was made on the grounds that the applicant believed that the respondent had not provided a full list of assets and liabilities, had failed to comply with discovery orders and had left her "stalled" in progressing proceedings. The application was opposed by the respondent whose position was that he had provided all discovery and that he was concerned that the inquiror would seek and obtain information of a personal and commercially sensitive nature. He also submitted the applicant could acquire the information sought on her own and then engage an accountant. The Court ordered the appointment of the inquiror named by the applicant and set out the powers he was to have in relation to the inquiry. The Court noted the objection by the respondent as to the confidentiality of some of the information, but found that it was not necessary to make a confidentiality direction as the third party involved with the company was the son of the parties. Costs were reserved. Judgment Date: 9 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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