Biggs and Curtis

In the matter of *Biggs and Curtis*, the applicant sought and was granted leave to proceed ex parte with her Application in a Case. The court also ordered an adjournment of the further hearing of the application and granted an injunction restraining the respondent from disposing of or further encumbering certain assets. The respondent was also ordered to attend court personally on the adjourned date, with legal representation if available, and to be prepared to respond orally to allegations made in the applicant's affidavit.

The court was required to determine the appropriate interim orders to be made in circumstances where the respondent's whereabouts were unknown and personal service had not yet been effected. The applicant sought urgent injunctive relief to preserve assets pending the final determination of the proceedings.

Bennett J reasoned that the circumstances warranted an order for substituted service and an interim injunction to prevent the dissipation of assets. The court applied principles relating to the grant of ex parte relief and the preservation of property pending litigation, noting the need for the applicant to demonstrate a strong prima facie case and the risk of irreparable harm if the injunction were not granted. The court also made detailed directions regarding service of the orders and documents on the respondent, including provisions for electronic service and notification to any known legal representatives. Liberty to apply was reserved to the respondent, and all questions of costs were reserved.