Mei and Yao & Anor

In *Mei and Yao & Anor*, the wife sought interim orders for exclusive occupation of the former matrimonial home, which would have required the husband's mother, the second respondent, to vacate the property. The application was heard by McClelland J.

The primary legal issue before the court was whether to grant the wife exclusive occupation of the former matrimonial home on an interim basis. This required the court to consider the means and needs of the parties, the circumstances of the case, and the balance of convenience, particularly in light of the impact on the second respondent.

McClelland J dismissed the wife's application for exclusive occupation. The court found that the wife had alternative accommodation available to her, and that the balance of convenience did not favour granting the order sought, especially given the implications for the second respondent. The court also granted leave for the parties to inspect material produced by subpoena and noted that the issue of the second respondent's costs was reserved for determination at the final hearing.