Jyotisha & Jyotisha

In this matter before Hogan J, the applicant husband sought orders against the respondent wife and a second respondent. The dispute concerned the occupation and use of a real property located at C Street, Suburb D, Queensland, and involved applications for restraining orders.

The court was required to determine whether to grant the wife sole use and occupancy of the C Street property, and whether to issue injunctions restraining the husband and the second respondent from approaching the property. The court also considered the dismissal of outstanding interim applications.

Hogan J reasoned that the significant animosity between the parties, evidenced by their affidavits and a specific event in May 2015, justified the orders sought. The court concluded that it was proper to make the orders and injunctions as set out in the commencement of the reasons for judgment.

The court ordered that the respondent wife have sole use and occupancy of the C Street property. The applicant husband was restrained from approaching within 50 metres of the property. The second respondent was ordered to vacate the property by 10.00 am on 2 October 2016, and thereafter was restrained from approaching within 50 metres of the property. All outstanding interim applications, save for costs, were dismissed.