Denning and Denning (No 3)

In *Denning and Denning (No 3)*, Young J of the Supreme Court of New South Wales considered an application for leave to intervene in property proceedings between a husband and wife. The applicant, ASK Funding Ltd, sought to participate in the proceedings to address the total debt owing by the husband.

The primary legal issues before the Court were whether to grant ASK Funding Ltd leave to intervene and, if so, how its interests and the debt it was owed should be addressed within the ongoing property settlement. The Court also had to consider the implications of existing injunctive orders and the future conduct of the proceedings concerning the intervenor's claim.

Young J, by consent of the parties, granted ASK Funding Ltd leave to intervene. The Court ordered that existing injunctive orders from 5 March 2010 remain in effect. Furthermore, the Court directed that upon conclusion of the property proceedings, the intervenor would be invited to provide an updated affidavit detailing the total debt owed by the husband. All parties were to be invited to address the Court on the payment demanded by the intervenor and the appropriate apportionment of that liability between the husband and wife at the conclusion of the defended hearing. The costs of the hearing were reserved, and the wife's solicitors were tasked with keeping the intervenor's solicitors informed of the proceedings' progress.