Lee and Rim (No 2)

In *Lee and Rim (No 2)*, the wife sought urgent interim injunctive relief to restrain the husband from closing down his business, C Pty Ltd, of which he was a director of the holding company, B Pty Ltd. The husband contended that he was unable to manage the business due to ongoing court proceedings and the impact on his mental health. The wife, conversely, argued that she wished to take over the business to preserve its value, with the next court date scheduled for less than a month away.

The primary legal issue before Macmillan J was whether to grant interim injunctions restraining the husband from taking steps to close down, transfer, or sell the business, and from selling or transferring his shares in the holding company. A secondary issue concerned the wife's application for costs to be reserved, which the husband opposed.

Macmillan J reasoned that the wife had established a sufficient case for the grant of interim injunctive relief to preserve the status quo pending further determination. The court applied the principles governing the grant of interlocutory injunctions, requiring the wife to demonstrate a serious question to be tried and that the balance of convenience favoured the granting of the injunction. The court also made interim orders reserving costs.

The court ordered that, until 3 August 2015, the husband be restrained by injunction from exercising his rights as a director of B Pty Ltd to close down, transfer, or sell C Pty Ltd without the wife's written consent or a further court order. Similarly, the husband was restrained from selling, disposing of, or transferring his shares in B Pty Ltd without the wife's consent or a court order. Costs were reserved.