High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL J
JASON DEAN MERCANTI APPLICANT
AND
TYRONE KANE MERCANTI & ORS RESPONDENTS
Mercanti v Mercanti [2017] HCA 1 5 January 2017 P63/2016
ORDER
1. The First Respondent be restrained from exercising or purporting to exercise any powers as Appointor or Guardian of the M Mercanti Family Trust (MMF Trust) until the determination of the application for special leave to appeal to the High Court and any appeal, should leave be granted, or until further order.
2. The Second Respondent be restrained from acting or purporting to act as Trustee of the MMF Trust including (but not limited to) restraining it from dealing or purporting to deal with any of the assets of the MMF Trust or incurring or purporting to incur any liabilities on behalf of the MMF Trust, until the determination of the application for special leave to appeal to the High Court and any appeal should special leave be granted, or until further order.
3. Each of the First and Second Respondents have liberty to apply on 48 hours' notice to the Applicant to dissolve or vary these injunctions.
4. The costs of this application be costs in the cause.
5. The Applicant have leave to file an amended application for special leave on or before 4.00 pm on Friday 6 January 2017.
6. The First and Second Respondents have leave to file an amended response within 21 days after service of the amended application for special leave.
Representation
S Penglis for the applicant (instructed by Fletcher Law)
A Metaxas for the first and second respondents (instructed by Metaxas and Hager Lawyers)
No appearance for the third, fourth and fifth respondents
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Mercanti v Mercanti
Practice and procedure – High Court – Application for interlocutory injunctions – Where injunctions in force since August 2013 – Where application for special leave to appeal pending – Where extension of injunctions sought until determination of application for special leave to appeal and any appeal should special leave be granted – Whether injunctive relief be granted.
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