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Motion to set aside domestic contract dismissed as applicant fully understood its nature and consequences.
The applicant sought to set aside a handwritten Consent (domestic contract) signed during a settlement conference, arguing under s. 56(4)(b) of the Family Law Act that she did not understand its nature or consequences.
She claimed she was entitled to an unequal division of property as a management fee for looking after the parties' rental properties.
The court found the applicant's evidence not credible and contradicted by her own actions and her counsel's communications.
The court held that the applicant understood the contract and simply changed her mind because it did not provide for an unequal division.
The applicant's motion to set aside the contract was dismissed, and the respondent's motion to enforce it was granted.
The court dismissed a motion for an interlocutory injunction against a former employee, finding the alleged harm quantifiable in damages.
The applicants sought an interlocutory injunction to restrain the respondents from soliciting customers, alleging breach of a non-solicitation clause in a confidentiality agreement.
The respondents denied signing the agreement.
The court found a serious issue to be tried regarding the agreement's existence but no irreparable harm, as losses were quantifiable in damages.
The motion for injunction was dismissed, and the application was converted to an action for damages.
No costs were awarded.
