Gandega and Fulmali & Ors

The parties in this matter were Gandega and Fulmali, with Fulmali being the second respondent. The dispute involved an application to expand the report of a single expert and an application for an injunction to restrain solicitors from acting for the second respondent. The proceedings were heard by Foster J.

The court was required to determine two primary legal issues. Firstly, whether the circumstances warranted an order to expand the report of the single expert to include a valuation of the husband's interest in D Pty Ltd. Secondly, the court had to consider the principles applicable to an application for an injunction to restrain solicitors from acting, and whether the applicant had adduced sufficient evidence to enliven the court's jurisdiction to grant such an injunction.

Regarding the application to expand the single expert's report, Foster J found that the existence of associated transactions made such an expansion appropriate in the circumstances, and the order was made as sought. However, concerning the application for an injunction to restrain Q Lawyers from acting for the second respondent, the court determined that the applicant had not adduced evidence sufficient to enliven the relevant jurisdiction, and therefore, this application was dismissed.

Consequently, the court ordered the dismissal of the application for an injunction against Q Lawyers. It further ordered that the parties take all necessary steps to authorise and direct the single expert to extend his report to include the specified valuations of the husband's interest in D Pty Ltd. Liberty to apply was granted regarding the implementation of this order, and the costs of the application were reserved to the final trial.