Eastman and Eastman & Anor

In *Eastman and Eastman & Anor*, the wife sought interim spousal maintenance and an injunction to restrain the sale of a property. The husband, who primarily resided overseas, was the respondent, and B Pty Ltd, a company controlled by the husband and their sons in which the wife held shares, was the second respondent. The marriage had lasted over 50 years.

The court was required to determine whether to grant interim spousal maintenance, considering the wife's established need and the husband's capacity to pay. Additionally, the court had to assess whether to grant an interim injunction to prevent the sale of the property, given the wife's assertion that she would receive nothing from the sale and her satisfaction of the relevant legal test for such an injunction, including providing an undertaking as to damages.

Watts J found that the wife had established her need for spousal maintenance and that the husband had the capacity to pay. The court was also satisfied that the husband intended to sell the property and that the wife had met the criteria for an interim injunction, having provided an undertaking as to damages. The imposition of the injunction was deemed necessary to preserve the property.

Consequently, the court ordered that the husband and B Pty Ltd be restrained from selling, charging, mortgaging, or otherwise dealing with the specified property. The husband was also ordered to pay the wife a lump sum of $16,258 for spousal maintenance and periodic payments of $800 per week, with the first payment due within seven days. The court noted the wife's undertaking as to damages and provided for the possibility of discharging the injunction upon 14 days' notice.