Sanna v P G Weston as Trustee for the Estate of Lepa Sanna [2020] NSWSC 1507

Supreme Court New South Wales

Medium Neutral Citation: Sanna v P G Weston as Trustee for the Estate of Lepa Sanna [2020] NSWSC 1507 Hearing dates: 29 October 2020 Date of orders: 29 October 2020 Decision date: 29 October 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Application for injunction to restrain the sale of real properties – Where the plaintiff was declared bankrupt and the defendant became the trustee of her bankrupt estate – Where the Federal Court made orders empowering the defendant to sell the real properties – Where the plaintiff submitted that it was necessary for the court to make the orders sought so that she could carry out fraud investigations – Where the plaintiff's assertions as to fraud were wholly unspecified – Where the plaintiff asserted that the defendant had been negligent , fraudulent and obstructed investigations – Where there was no evidence to substantiate those assertions – Where the making of the order would have frustrated or prevented the defendant carrying out the tasks that the orders of the Federal Court empowered him to do – Where the plaintiff sought to reagitate matters already determined in the Federal Court – Proceedings dismissed Legislation Cited: Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth) Category: Procedural and other rulings Parties: Lepa Sanna – Plaintiff PG Weston as Trustee for the Estate of Lepa Sanna Representation: Counsel: Defendant – Anthony Spencer