Jetson & Jetson

In the matter of *Jetson & Jetson*, Mr Jetson (the applicant husband) sought an injunction against Ms Jetson (the respondent wife) to restrain her from disposing of or further encumbering the matrimonial home. The dispute arose after the wife drew down on the mortgage and applied the funds towards school fees, which the husband contended should be considered a disposition of joint funds.

The primary legal issue before Rees J was whether the wife's use of mortgage funds for school fees constituted an action that warranted injunctive relief to prevent the disposal or encumbrance of the matrimonial home. The court was also required to consider the application for costs associated with the proceedings.

Rees J dismissed the husband's application for an injunction, finding that the wife's actions did not meet the threshold for such an order. The court reasoned that the wife's use of funds for school fees, while potentially a point of contention in property settlement, did not, in itself, necessitate the extraordinary measure of an injunction to restrain dealings with the matrimonial home. The court also dismissed the application for costs.

The court made orders facilitating the collection of specific items by the husband, to be arranged by him at his expense, within 14 days of notice. The husband's response filed on 13 May 2021 and the wife's application in a case filed on 28 April 2021 were otherwise dismissed, with the wife's application being withdrawn.