Uncategorized

Kay’s Case Note: Tsiang & Wu and Ors 2019 FamCAFC128

By August 18, 2021 No Comments
Feeney-Case-Note-12-260x185-fbbbc4eb

In the case of Tsiang & Wu and Ors [2019] FamCAFC128, the court considered the matters that may result in an injunction issuing.

The trial judge had concluded that the husband failed to identify the risk upon which he would base his need for an injunction.

The Full Court decided that the trial judge had failed to take into account “all of the evidence on which the husband relied”.  There was:

  • his own application;
  • the husband’s evidence that the parties had always acted consistent with them being beneficial owners of property;
  • the parties’ daughter’s comments, while given no weight by the trial judge, were a factor to be taken into account “in considering whether or not to make the injunction”.

The Full Court considered the trial judge had to be aware of the value of the controversial entity in the context of the parties’ assets as a whole and as no harm or detriment was contended for by the wife, and finally that the wife had not contended that she would suffer harm or detriment.

The court later referred to the issue as to whether a substantial injustice “would result if leave was not granted” and allowed the appeal to the extent that it dealt with the dismissal of the injunction.