Irwin v Pamplin [2021] NSWSC 208

Supreme Court New South Wales

Medium Neutral Citation: Irwin v Pamplin [2021] NSWSC 208 Hearing dates: 11, 16, 25 February; 9, 24, 25 March 2021 Date of orders: 29 March 2021 Decision date: 25 March 2021 Jurisdiction: Equity Before: Parker J Decision: See [73] Catchwords: CIVIL PROCEDURE – interim preservation – plaintiff claims trust over assets including real property held by natural person and companies owned by her – both natural person and companies alleged to be trustees – prima facie case – balance of convenience – delay – interlocutory injunction granted against natural person dealing with assets held by her, including company shares, but refused against companies – limited interlocutory injunction granted against exercise of powers as trustee Cases Cited: Autodesk v Dyason (No 2) (1993) 176 CLR 300 Estate of Pamplin, Irwin v Pamplin [2017] NSWSC 1477 Category: Procedural rulings Parties: Ann Margaret Irwin (Plaintiff/First Applicant) Marie Dawn Pamplin (First Defendant/Respondent) Lionel Joseph Pamplin (Second Defendant/Respondent) Mircon Pty Ltd (Third Defendant/Respondent) Dennis G Pamplin Pty Ltd (Fourth Defendant/Respondent) Halcrows Investments Pty Ltd (Fifth Defendant/Respondent) NMOS Pty Ltd (Sixth Defendant/Respondent) The Peak on Andrew Pty Ltd (Seventh Defendant/Respondent) Mircorp International (Eighth Defendant/Respondent) OSCO (Australia) (Ninth Defendant/Respondent) Representation: Counsel: M Condon SC/M Stevens (Applicant) G George (Respondents)