Kiesinger & Paget

The appeal in Kiesinger & Paget concerned interlocutory orders made by a Family Court judge in a proceeding involving a dispute over spousal maintenance. The husband, who controlled over $17 million, appealed the decision of the trial judge who had ordered interim spousal maintenance of $2,000 per week and other expenses for the wife, who controlled over $270,000. The wife's weekly needs were assessed at $2,210, and she was found to be unable to support herself adequately.

The legal issues before the court were whether the trial judge had correctly applied the law in determining the amount of interim spousal maintenance, and if the husband had demonstrated an error of principle or substantial injustice that warranted leave to appeal. The court was required to examine whether the trial judge had appropriately considered the relevant factors under section 75(2) of the Family Law Act in assessing the wife's needs and the husband's capacity to pay. The court also needed to determine whether the husband had demonstrated that the trial judge's decision was so erroneous that it warranted an appeal.

The court found that the trial judge had correctly applied the law and the relevant factors in determining the amount of interim spousal maintenance. The trial judge had considered the husband's substantial assets and income, the wife's needs and capacity to support herself, and the length of the marriage, among other factors. The court held that there was no error of principle demonstrated or substantial injustice that would warrant an appeal. Consequently, the appeal was dismissed, and the husband was ordered to pay the wife's costs of the application.