Morton, M. v Black, D.R. [1986] FCA 338

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G345 of 1985

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GENERAL DIVISTON

BETWEEN: MARY MORTON

Applicant

DONALD ROSS BLACK Respondent 7 August 1986 EX TEMPORE REASONS FOR JUDGMENT BURCHETT J. This is an application for ex parte relief made by Mrs Morton and Mr Wiasak. I have previously dealt with an

application for interlocutory relief made by Mrs Morton in the closing stages of her part heard case against Mr Black. In that case it was intended that Mr Wiasak, who is Mrs Morton's_ son, would give evidence, and it is clear that he was aware of the proceedings. The evidence before me indicated that he had played an active part in the negotiations and transactions with which those proceedings were concerned, and had either provided, or played a significant role in the provision of, a sum of $95,000 or thereabouts. The proceedings concerned negotiations, a

document purporting to be a contract of purchase, and a document

purporting to be a mortgage, all relating to land. There had been a caveat lodged on behalf of Mrs Morton in order to prevent

a threatened mortgagee's sale by Mr Black. The caveat had, prior

to the matter coming before me, been ordered to be removed by the Supreme Court of New South Wales. Indeed the judgment of Mr Justice Young, which was affirmed on appeal by the Court of

Appeal Division of the Supreme Court of New South Wales, was

referred to in the proceedings before me.

Since those proceedings were adjourned part heard to a date in November, Mrs Morton and her son, Mr Wiasak, have lodged a further caveat or caveats, and proceedings have been launched in the Supreme Court on behalf of Mr Black for the removal of the

caveat or caveats and for contempt of court in relation to their

lodgment.