LUNA-FERRANDIZ v Miss Kitty

In the matter of *Luna-Ferrandiz v Miss Kitty*, heard before Judge Antoni Lucev in the Magistrates Court of Western Australia, the dispute concerned an application for a restraining order. The applicant, Luna-Ferrandiz, sought to restrain the respondent, Miss Kitty, from engaging in behaviour that caused or was likely to cause the applicant harassment, intimidation, or abuse.

The central legal issue before the Court was whether the conduct of the respondent met the threshold for the grant of a restraining order under the relevant legislation. Specifically, the Court had to determine if the alleged actions constituted harassment, intimidation, or abuse as defined by the statute, and if there was a continuing risk of such conduct occurring in the future.

Judge Lucev considered the evidence presented by both parties, including testimony and any supporting documentation. The Court applied the legal principles governing applications for restraining orders, which typically require proof of a pattern of behaviour that causes fear or distress. The assessment involved weighing the credibility of the witnesses and evaluating whether the alleged conduct, viewed objectively, was sufficiently serious to warrant the intervention of the court.

The Court ultimately made orders regarding the application for the restraining order.