Kendling and Kendling (No. 3)

In the matter of *Kendling and Kendling (No. 3)*, O'Ryan J of the Supreme Court of Victoria was required to determine applications concerning interlocutory injunctions and related orders in a family law proceeding. The dispute involved the husband and wife, and the court considered the conduct and financial positions of T Pty Ltd and B Ltd, entities in which the parties held interests.

The central legal issues before the court were whether to continue, modify, or discharge existing interlocutory orders that imposed restraints on the disposition and encumbrance of real property owned by T Pty Ltd, B Ltd, and the husband. The court also had to consider orders relating to loans and advances made by these companies, as well as the provision of monthly cash flow statements. The wife had provided an undertaking as to damages in support of some of these injunctive orders.

O'Ryan J's reasoning involved assessing the need for preservation of assets pending final determination of the substantive proceedings. The court applied principles relating to the granting of interlocutory injunctions, requiring consideration of the strength of the applicant's case, the balance of convenience, and the adequacy of damages as a remedy. The court noted that T Pty Ltd and B Ltd might seek modifications to commence construction projects, indicating a balancing of the need for asset preservation against the potential for development and financial benefit.

The court made several orders, including discharging some previously made injunctions and continuing others. Specifically, orders restraining T Pty Ltd and B Ltd from selling, transferring, or encumbering their real property, and from making loans or advances, were continued until further order, subject to liberty to apply. T Pty Ltd and B Ltd were also ordered to provide monthly cash flow statements. The husband was similarly restrained from dealing with his real property. The court also noted undertakings regarding the registration of a mortgage and potential applications for modification of the injunctive orders.