27 Oct 2006
P v. L
- Citation
- P v. L
- Court
- Family Court
- Case number
- FCMC3861/2002
The court found that while the husband s behaviour warranted protection for the wife by a non-molestation order restraining assault or threats, the conduct did not justify the draconian remedy of an ouster order. The wife's covert re-occupation of the master bedroom and delay in pursuing the ouster application undermined her case; the husband's incidents were better characterised as emotional outbursts partly explainable by provocation and hearing impairment, so exclusion was not justified.