Min & Orton

In the matter of SYC 1579 of 2021, Ms Min (the wife) applied for interim spousal maintenance and a "dollar for dollar" order against Mr Orton (the husband). The husband sought the summary dismissal of a financial agreement between the parties.

The court was required to determine whether the wife had satisfied the threshold for interim spousal maintenance, considering the principles in *Salvage & Fosse*. Additionally, the court had to assess whether the husband's application for rectification of the financial agreement had "no reasonable prospects of success," applying the principles from *Karlsson & Karlsson*. The court also considered whether the wife held "no real prospects of obtaining justice without an order for costs being made."

Rees J dismissed the wife's application for interim spousal maintenance, finding she had not satisfied the necessary threshold. The court also dismissed the wife's application for "dollar for dollar" litigation funding, as it was not satisfied that she held "no real prospects of obtaining justice without an order for costs being made." Furthermore, the husband's application for summary dismissal of the financial agreement was dismissed, as the court was not satisfied that his case held "no reasonable prospects of success."