Bande and Hectoron

In the matter of Bande and Hectoron, Cronin J considered an application by the applicant concerning property and the existence of a de facto relationship. The applicant sought leave to proceed in the absence of notification to the respondent and orders for the sole use and occupation of a property.

The court was required to determine whether to grant leave to proceed without service on the respondent, and to make interim orders regarding property occupation. Additionally, the court needed to consider the declaration of a de facto relationship pursuant to section 90RD of the relevant legislation.

Cronin J granted the applicant leave to proceed in the respondent's absence and made orders for the applicant's sole use and occupation of the property. The court also declared that a de facto relationship existed between the parties, having regard to the matters set out in section 90RD(2)(c). The further hearing of the application was adjourned, and detailed directions were given for service of documents on the respondent, including personal service upon arrival from Hong Kong, by email to the respondent's financial adviser and last known email address, at the property, and through private investigators in Israel. The applicant's costs for the day were fixed, to be determined on the return date, and liberty to apply was granted.