KONG & LENDI

In the matter of *Kong & Lendi*, heard by Wilson J, the parties brought contested interim applications for the settlement of their property. Both parties sought the disbursement of a sum of $213,477.61 held in trust by B Lawyers. However, the evidence presented by each party to support their respective applications was found to be defective.

The central legal issue before the court was whether either party had presented sufficient evidence to warrant the interim disbursement of the funds held in trust. The court was required to determine if the applications met the necessary threshold for such an order, given the deficiencies in the supporting material.

Wilson J dismissed both parties' applications for the disbursement of the funds. The court reasoned that the evidence provided by each party was inadequate to justify an interim order for the release of the money. Consequently, the proceeding was referred to a registrar for ongoing case management, with the registrar directed to arrange for mediation to be convened by 4pm on 31 March 2021.