Kendling and Kendling and Ors (No. 2)

The application before the court concerned a dispute between T Pty Ltd, Penelope Kendling, Jeremy Kendling, L Pty Ltd, and the Wife. The applicants sought to dismiss the Wife's evidence in chief and raised other related matters. The court was O'Ryan J.

The primary legal issues before the court were whether to permit T Pty Ltd to rely on its application filed on 20 February 2008, and the terms upon which refinancing of an existing loan from the National Australia Bank Limited could proceed, including the substitution and ranking of mortgages. The court also considered the Wife's application for the repayment of debt by T Pty Ltd to B Ltd and her application for the appointment of a receiver and manager for B Ltd.

O'Ryan J dismissed the application by T Pty Ltd, Penelope Kendling, Jeremy Kendling, and L Pty Ltd concerning the filing of evidence in chief. The court varied existing orders to permit T Pty Ltd to refinance its loan with the National Australia Bank, specifying the terms for granting a first mortgage over certain real estate and substituting a mortgage in favour of B Ltd over other real estate, subject to conditions regarding the discharge of existing mortgages and the amount secured. The court also ordered that B Ltd be restrained from paying any money or financial advantage to T Pty Ltd or the Kendlings until further order. The Wife's application for repayment of debt by T Pty Ltd to B Ltd and her application for the appointment of a receiver and manager for B Ltd were adjourned, with liberty to restore. The court also made orders regarding the treatment of a $54,000 payment by B Ltd towards the Wife's costs.