The High Court has been asked to decide how funds can be extracted from a company to meet parts of an earlier order directing the company's controlling shareholder to pay his wife a total of €4 million in separation proceedings.
A year ago, the High Court granted a decree of judicial separation to the couple. It also ordered that the husband pay the wife a total of €4 million between 2004 and 2006, and that there be a payment by the husband to the wife of a contribution of €100,000 towards costs.
Although the husband did not appeal the granting of the decree of judicial separation, he did appeal other aspects of the order.
Yesterday, the Supreme Court, in a reserved judgment on that appeal, said it would return the case to the High Court to make findings on two issues.
It said the High Court should make appropriate findings on what mechanisms could be used for the extraction from the company of any funds ordered to be paid to the wife.
It also said the High Court should make a decision on the tax effects on the companies or the husband of the extraction of the relevant funds.
The company involved is among a group valued in the High Court at €10 million.
Lawyers for the husband had argued the High Court was wrong in failing to make findings as to the effects of the extraction of sufficient monies from the company to discharge the lump sums ordered to be paid to the wife.
Delivering the Supreme Court judgment, Mr Justice Hardiman said there was no dispute that extraction from the company was the only feasible source of those monies. Equally, there was no dispute that the sums would fall to be paid to the wife net of taxation and that the burden of paying the sums and paying them net would fall on the companies and the husband, who was the controlling shareholder.
Mr Justice Hardiman also said he did not see any cogent reason why either party should contribute to the other's costs.