VANDELAY & VANDELAY

In the matter of Vandelay & Vandelay, Coleman J considered applications for interlocutory injunctive relief in a family law property settlement. The proceedings involved a husband and wife, though the specific nature of their dispute beyond property settlement is not detailed.

The court was required to determine the terms of consent orders and opposed orders relating to the parties' property. Key issues included the specific wording and conditions of these orders, particularly concerning refinancing of secured indebtedness, and the filing of an affidavit detailing attempts to secure such refinancing. The court also had to address the vacating of a previously listed hearing and the reservation of costs.

Coleman J made orders by consent in terms of specified paragraphs of Exhibit "X". Further orders were made in terms of Exhibit "Y", with specific amendments including the deletion of a sub-paragraph, the addition of certain words, and the insertion of a minimum period for refinancing attempts. The court noted that the consent orders were not contingent on compliance with the amended orders in Exhibit "Y". The husband was directed to file and serve an affidavit detailing refinancing attempts and to provide verified discovery of related documentation within 42 days. Liberty was reserved for either party to apply for further directions, and the matter was relisted for further directions prior to 2 September 2011. The court indicated that Reasons for Judgment would be published regarding the opposed orders, and the hearing listed for June 2011 was vacated.