Event and Time
Event Description
This case involves interim property disputes in family law, specifically concerning an injunction sought by the Applicant against both the First Respondent (the husband) and the Second Respondent (the husband's new wife). The primary goal of the injunction is to prevent the sale or disposal of overseas assets pending final resolution of property settlement proceedings that have arisen after the death of the deceased, Ms. Merlo.
Application and Claims
- Appellant: The Applicant, Ms. Dennett (as the executor of her deceased mother’s estate)
- Respondents:
- First Respondent: Mr. Merlo (husband of the deceased) - Second Respondent: Ms. Ilyn (husband’s new spouse)
- The Applicant seeks injunctions preventing Respondents from dealing with overseas assets.
- Additionally, there are disputes concerning the trust holdings and shares in various overseas corporations.
Judicial Decisions
1. The proceedings are adjourned for a Case Management Hearing on 8 October 2021. 2. The Applicant's solicitor is to provide a draft minute of order to the Respondents.
Dispute Points and Legal Basis
Dispute Points
- Date of Separation: The Applicant and Respondents disagree on the date of separation, affecting claims to property.
- Claim for Injunction: The Applicant argues there is a need to prevent the Respondents from dealing with assets due to risk of dissipation. The Respondents contest this claim, asserting that the injunction is unnecessary.
- Trust Claims: The Applicant claims properties owned by the Second Respondent are held in trust for the husband. The Second Respondent denies this.
- Financial Interests: Discrepancies exist on the valuation and ownership of various overseas corporate entities and assets.
- Alleged Non-Disclosure: The Applicant claims the Respondent (husband) has failed to disclose relevant financial information, including the financial viability of overseas businesses.