The applicant husband brought a motion for an interim preservation order under Rule 45.01 of the Rules of Civil Procedure and section 12 of the Family Law Act to preserve the assets of several respondent corporations pending trial.
The applicant claimed legal and beneficial ownership of the corporations, which held a substantial real estate portfolio and private mortgage fund, while the respondent wife claimed her mother owned them.
The court found the applicant established a strong prima facie case of ownership and that the balance of convenience favoured preserving the unique corporate assets.
The court granted the preservation order for the corporate assets but declined to order preservation for specific residential properties under the Family Law Act.
