COLBY & COPPOLA

In this matter before Hogan J, the Applicant, Ms Colby, and the Respondent, Mr Coppola, were in dispute concerning property division arising from their former relationship, which involved a plant and equipment business operated through a trust. Previous interim orders requiring the Applicant to sell shares within the trust and apply the proceeds to specific loan accounts had not been complied with by either party, leading to the dismissal of their proceedings. The Applicant sought orders for the Respondent to pay monthly amounts and arrears in respect of these loan accounts, which the Respondent opposed, seeking alternative orders.

The court was required to determine whether to grant the injunctive orders sought by the Applicant for payment of loan account amounts and arrears, and whether to grant the Applicant leave to issue subpoenas in circumstances where she alleged the Respondent had failed to comply with his disclosure obligations. The Respondent contended that he had met his disclosure obligations.

Hogan J declined to make the injunctive orders sought by the Applicant, finding that it had not been established that the Respondent possessed the financial capacity to meet the proposed payments. Regarding the subpoenas, leave was granted for the Applicant to seek their issue in relation to Mr Coppola's bank accounts with M Bank, Westpac Banking Corporation, the Commonwealth Bank of Australia, and National Australia Bank. Leave was also granted to seek a subpoena directed to L Pty Ltd for documents relating to its purchase of plant and equipment from Mr Coppola.

The court ordered the dismissal of the various applications and responses filed by the parties. However, Ms Colby was granted leave to file and serve a further amended initiating application by 4.00 pm on 4 October 2019, should she wish to join L Pty Ltd and/or Mr D Coppola to the proceedings, particularising the orders sought against them personally.