Aldrich and Anor and Mahan

In *Aldrich and Anor and Mahan*, heard by Judge A Kelly, the dispute concerned an oral application made by the respondent during an interim hearing for an interim distribution of property. The applicants opposed this application.

The central legal issue before the Court was whether to grant the respondent's oral application for an interim distribution of property, given the absence of reasonable notice and supporting evidence, and the fact that no formal Application in a Case had been filed seeking such relief.

Judge A Kelly reasoned that the requirements for making an application for property distribution, particularly at an interim stage, necessitate proper notice and evidence to allow the other party to respond adequately. The Court found that the oral nature of the application, coupled with the lack of reasonable notice and evidence, meant that the matter was not properly before it for determination at that hearing. Consequently, the Court determined that any application for a distribution of property should be reserved for the trial.

The Court ordered that the respondent’s oral application for a partial distribution of property be refused.