Woodby-Chatterjee and Chatterjee

In the matter of *Woodby-Chatterjee and Chatterjee*, heard before Le Poer Trench J, the wife sought to advance a claim of presumed undue influence as a basis for the remedy she sought. The husband contested this claim.

The central legal issue before the court was whether the wife should be permitted to pursue her claim of presumed undue influence in the current hearing. The court was required to determine the appropriateness of allowing this ground to be argued at this stage of the proceedings.

Le Poer Trench J reasoned that the wife's claim of presumed undue influence was not a ground upon which the court could grant the remedy sought, should such a claim be established. Consequently, the court ordered that the wife be restrained from further pursuing this specific claim in the present hearing, pending further order. The court also noted that it had advised the parties during argument that the order made might be one of several available upon determination of the husband's application, and that parties should consider any further applications. The court indicated it would hear any such applications after the luncheon adjournment or at any time prior to the conclusion of the proceeding.