Naboka and Naboka

In the matter of *Naboka and Naboka*, heard before Cronin J, the husband sought and was granted leave to proceed on an interim basis without notice to the wife. The primary dispute concerned the wife's withdrawal of $786,000 from the parties' company accounts on or about 29 December 2008, which the husband sought to restrain.

The central legal issue before the court was whether an interim injunction should be granted to restrain the wife from dissipating the funds withdrawn from the company accounts. The court was also required to determine the procedural steps for the ongoing litigation, including the service of documents and the scheduling of future applications.

Cronin J reasoned that the husband had established a sufficient case for an interim injunction, particularly given the wife's unilateral withdrawal of a significant sum from the company accounts. The court applied the principles governing the grant of interlocutory injunctions, requiring the applicant to demonstrate a serious question to be tried and that the balance of convenience favoured the granting of the injunction. The court ordered that the wife be restrained from dissipating the $786,000 and that all applications be adjourned for further hearing. The husband was ordered to arrange service of the application for final orders, financial statement, affidavit, and the court's orders upon the wife. The husband's costs of the day were reserved.