MACDUFF & MACDUFF

In the matter of MACDUFF & MACDUFF, Rees J considered an application by the wife for urgent interlocutory injunctions against the husband. The wife sought to preserve the parties' assets and secure her exclusive occupation of the matrimonial home, alleging that the husband had transferred significant funds to an account controlled by him, removed her as a beneficiary of a family trust, and threatened to dissipate their funds. She also presented evidence that the husband had threatened to return to the matrimonial home and create a "siege." The wife provided an undertaking as to damages.

The court was required to determine whether to grant ex parte injunctions restraining the husband from dealing with specific bank accounts and companies, preventing him from increasing mortgage or overdraft facilities, and prohibiting him from taking certain actions concerning companies and trusts in which he held an interest. Additionally, the court had to consider whether to grant the wife exclusive occupation of the matrimonial home and restrain the husband from removing her vehicle.

Rees J applied the principles governing the grant of interlocutory injunctions, particularly in the context of family law proceedings where there is a risk of dissipation of assets or interference with the matrimonial home. The court found that the wife had established a strong prima facie case and that the balance of convenience favoured the granting of the injunctions to preserve the status quo pending further orders. The court reasoned that the husband's alleged actions, including the transfer of funds, removal from a trust, and threats, demonstrated a clear intention to dissipate assets and potentially interfere with the wife's safety and occupation of the home.

The court made orders restraining the husband from dealing with specific bank accounts and companies, and from increasing mortgage or overdraft facilities. The husband was also restrained from taking various actions concerning companies and trusts, such as resigning as a director, transferring shares, or causing companies or trusts to dispose of assets. The wife was granted exclusive occupation of the matrimonial home, and the husband was restrained from removing her vehicle. The orders were to remain in place until further order, and the matter was listed for mention.