Wardlaw v Wardlaw [2020] NSWSC 1779

Supreme Court New South Wales

Medium Neutral Citation: Wardlaw v Wardlaw [2020] NSWSC 1779 Hearing dates: 6 November 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Equity Before: Rees J Decision: Interlocutory mandatory injunction: remit $12,000 of sale proceeds held in the solicitor's trust account in the names of the plaintiff and defendant to the plaintiff. Catchwords: CIVIL PROCEDURE — mother and daughter owned property as tenants in common – daughter paid deposit – both contributed to property – both benefitted from funds raised on refinancing – property sold – dispute over proceeds – mother returned to Australia due to COVID-19 and without funds – mother wishes to return to Singapore to work. INTERIM DISTRIBUTION – r 25.5 UCPR – no surplus if daughter succeeds in toto – rule does not apply. INTERLOCUTORY INJUNCTIONS – mandatory interlocutory injunction – mother seeks 10% of sale proceeds for accommodation and return to Singapore for work – balance of convenience favours mother –mother likely to repay in interests of continuing relationship with daughter – payment limited to $12,000 to enable mother to support herself. Legislation Cited: Uniform Civil Procedure Rules 2005, r 25.5 (NSW) Supreme Court Act 1970 (NSW), s 66 Cases Cited: Bingham v 7-Eleven Stores Pty Ltd [2003] QCA 402 Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 15 ALD 479; (1988) 82 ALR 499 In the matter of A Twins Spare Parts Pty Ltd [2019] NSWSC 1347 Mineralogy Pty Ltd v Sino Iron Pty Ltd [2016] WASCA 105 National Commercial Bank Jamaica Ltd v Olint Corporation Ltd [2009] UKPC 16 Racecourse Totalizators Pty Ltd v Totalisator Administration Board of Queensland (1995) 58 FCR 119; [1995] FCA 1405 Tymbook Pty Ltd v State of Victoria (2006) 15 VR 65; [2006] VSCA 89 Category: Principal judgment Parties: Marian Wardlaw (Plaintiff)\ Holly Wardlaw (Defendant) Representation: Counsel: Mr DW Elliott (Plaintiff) Mr M Bennett (Defendant)