Federal Court of Australia
Federal Court of Australia
Hillier v Martin (No 7) [2021] FCA 1221 File number: SAD 113 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 11 October 2021
Catchwords: EQUITY – hostile litigation concerning property held on trust – applicant seeking an order that the solicitors for the first respondent reimburse payments made by entities holding trust property in respect of the first respondent's legal representation in the action – source and nature of the Court's jurisdiction to make the order – whether the first respondent is prima facie entitled to apply trust property for the payment of her legal fees and disbursements in the proceeding – whether the principles governing an application for a mandatory interlocutory injunction apply – whether the order can and should be made in the absence of an undertaking as to damages
Legislation: Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss 5, 19, 22, 23 Judiciary Act 1903 (Cth) ss 79, 80 Federal Court Rules 2011 (Cth) r1.32 Uniform Civil Procedure Rules 2005 (NSW) r 54.3
Cases cited: Alsop v Wilkinson (a firm) v Neary [1996] 1 WLR 1220 Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Blunden v Commonwealth (2003) 218 CLR 330 Frost v Bovaird (2012) 203 FCR 95 Hillier v Martin (No 4) [2021] FCA 710 Ideal Bedding Company Limited v Holland [1907] 2 Ch 157 Martin v Hillier (No 2) [2021] FCA 958 McDonald v Horn [1995] ICR 685 Mobileworld Operating Pty Ltd v Telstra Corporation Limited [2005] FCA 1365 Rattigan v Hanly [2020] NSWSC 1722 Re Beddoe, Downes v Cottan [1893] 1 Ch 547 Re Estate Schwartz, Deceased; Application of Gellert; Gellert v Bentwood and Schwartz [2015] NSWSC 1484 Rizeq v Western Australia (2017) 262 CLR 1 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238 Sandalciyan v International Development and Construction Pty Limited [2010] FCA 1145; 80 ACSR 31 Sellar v Lasotav Pty Ltd, in the Matter of Lasotav Pty Ltd [2008] FCA 1766 Tait v P.T. Ltd as Trustee of the Scentre Tuggerah Trust [2015] FCA 1015
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