Hilliard & Hilliard

In *Hilliard & Hilliard*, the wife sought urgent spousal maintenance, joinder of the husband's family company to property proceedings, an injunction against the company, and to retain possession of a motor vehicle. The applications were heard by Thornton J.

The court was required to determine whether the wife had established an immediate need for financial assistance for urgent spousal maintenance, and whether the husband had the capacity to pay. It also needed to consider whether the husband's family company should be joined to the matrimonial property proceedings, and whether an injunction should be granted to restrain the company from dealing with property. Finally, the court had to decide whether the wife should retain possession of a motor vehicle registered in the husband's name.

Thornton J found that the wife had established an immediate need for financial assistance and that the husband had the capacity to pay, granting the application for urgent spousal maintenance and ordering the husband to continue paying rent for the wife. The application to join the husband's family company was refused, as there was insufficient evidence that the company itself, as distinct from the Unit Trust it administered, would be directly affected by the proceedings. Similarly, the application for an injunction against the company was refused due to a lack of evidence that the company owned the property in question and the absence of information regarding other unit holders in the Unit Trust. The wife's application to retain possession of the motor vehicle was granted.