Dudley and Ryecroft

This matter came before Forrest J, concerning an application by the Applicant against the Respondent. The dispute involved various entities, including trusts and companies, and the Respondent's dealings with real property and financial assets. The Applicant sought interim spousal maintenance and legal cost funding, as well as injunctive relief.

The court was required to determine several legal issues, including whether to grant interim spousal maintenance and legal cost funding, and whether to impose injunctions restraining the Respondent from dealing with specified real properties and other assets. The court also had to consider the terms of any such injunctions, including exceptions for the ordinary course of business and specific entities, and the disclosure obligations of the Respondent. Further issues related to the adjournment of certain aspects of the application and the appointment of valuers.

Forrest J, by consent and further order, discharged a previous order made on 12 November 2018. The Applicant's applications for interim spousal maintenance and interim legal cost funding were dismissed. The court issued injunctions restraining the Respondent from dealing with certain real properties, save in respect of specific companies and other than in the ordinary course of business. The Respondent was ordered to provide copies of offers and sale contracts for these properties, give notice of transactions increasing indebtedness, and advise on the intended use of sale proceeds. The Respondent was also restrained from investing funds or establishing new businesses without consent, and from dealing with his shares or exercising powers as an appointor of certain trusts without providing prior notice to the Applicant. By consent, further orders were made regarding the withdrawal of caveats, obtaining a condition report for a specific property, the Respondent's responsibility for rates and maintenance, and the vacating of tenants from a property. The Applicant was ordered to pay certain cash and return a motor vehicle to the relevant companies. The Respondent was ordered to provide an updated financial statement and to select valuers for property and business valuations, with the parties to share the costs equally and appoint the selected valuers as court experts. Costs were reserved to the Trial Judge.