Wei and Wei

This matter concerned an application by the wife for an injunction to prevent the dissipation of marital assets. The dispute arose from the husband's unilateral transfer of joint monies into his personal account and subsequent expenditure of a significant portion of these funds without explanation. The court was required to determine whether an injunction was necessary to preserve assets pending final determination of the proceedings.

The court considered the wife's application for an injunction, noting that evidence of an intention or scheme to dissipate assets, coupled with other factors, could establish a probability of an objective risk of disposal intended to defeat an order. The husband's unexplained expenditure of over $100,000 from the joint account, following his transfer of funds, satisfied the court that an injunction was necessary to prevent further dissipation of assets. Despite the husband's assertion of needing funds for living and business expenses, his failure to disclose the expenditure of joint funds led the court to order that $250,000 be paid to the wife's lawyer to be held in trust.

The court ordered that by 4.00 pm on 8 June 2017, the husband was to pay $250,000 to the wife's lawyer, to be held in an interest-bearing account in trust for both parties and not to be released without their consent or a court order. Additionally, the husband was to pay $50,000 to the wife as a partial property settlement. All other interim applications were dismissed, and the matter was listed for a conciliation conference. The question of costs for the day was reserved.