Curtain & Curtain

The case of Curtain & Curtain involved the husband's application to summarily dismiss the wife's substantial application for the Court to set aside the final order for settlement of property made by Berman J on 15 July 2016 and make a new order. The wife's application contended that the husband had failed to properly disclose his interest in the Q Trust and had concealed the real nature of his equitable interest prior to the 2016 trial, leading to a miscarriage of justice. The central legal issue was whether the wife's application had a reasonable prospect of success. The husband argued that there was no fraud, suppression of evidence, or material non-disclosure, while the wife contended that the husband's concealment warranted a new trial. The Court considered the evidence and submissions from both parties, particularly focusing on the provisions of s 45A(2) and s 45A(3) of the Act and r 10.12(d) and r 10.14(a) of the Rules. After careful consideration, the Court found that the wife's application presented a reasonable argument and a good chance of success, primarily due to the husband's failure to disclose the nature and value of his interest in the Q Trust. Therefore, the husband's application for summary dismissal was rejected. The Court will proceed to determine the merits of the wife's application in a future hearing.