HUNSLEY & HUNSLEY HOLT

In the matter of HUNSLEY & HUNSLEY HOLT, Loughnan J considered an application by the wife to stay and set aside proceedings and for security for costs, alongside an application by the husband for injunctive relief. The dispute concerned the jurisdiction of the court to make orders in respect of property located outside of New South Wales, specifically a property in New Zealand and another in Europe, as well as properties within New South Wales.

The primary legal issues before the court were whether the Australian court possessed jurisdiction to make orders concerning overseas property, and relatedly, the appropriate forum for resolving such disputes. The court also had to determine the terms of any interim orders and the procedural steps required to ascertain the relevant New Zealand law.

Loughnan J ordered that, pending the determination of the wife's application regarding forum issues, the wife was restrained from selling, mortgaging, assigning, leasing, alienating, or encumbering a property in New South Wales, and was required to remove it from the market. The court also granted leave for a hearing on the forum issues to be scheduled after a single expert report on New Zealand law was filed. Directions were given for the appointment of a single expert, the exchange of draft instructions, and the filing of expert reports and further affidavits, with specific timelines set for each step.

The proceedings were adjourned to a later date, with leave granted for counsel to attend by telephone. The costs of the proceedings were reserved.