Alexander Williams v Winifred Williams [2021] NSWSC 1402

Supreme Court New South Wales

Medium Neutral Citation: Alexander Williams v Winifred Williams [2021] NSWSC 1402 Hearing dates: 15 October 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Equity - Duty List Before: Rein J Decision: Refuse to grant the interim relief sought Catchwords: EQUITY — Equitable remedies — Injunctions — Application to prevent, by injunction, the execution of a contract of sale of a property — Plaintiff claims an interest in the property on the terms of a purported agreement between his mother, the Defendant, and his late father — Plaintiff also claims an equitable interest in the property on account of his financial and non-financial contributions in respect of the property — Previous proceedings dealing with the subject matter of these proceedings — The parties settled the previous proceedings by a deed of settlement, by which they provided various releases to each other — Plaintiff contends that the releases do not cover the present claims — Failure by the Plaintiff to disclose to the Court the contents of a caveat previously lodged on the property but since withdrawn — Held: Injunctive relief refused having regard to the weakness of the Plaintiff's case by reason of the deed of settlement and additionally the considerable delay in bringing the application for injunctive relief, coupled with doubt as to the need for retention of the property Legislation Cited: Nil Cases Cited: Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 2) [2012] NSWSC 322 Texts Cited: Nil Category: Principal judgment Parties: Alexander Williams (Plaintiff) Winifred Williams (Defendant) Representation: Counsel: C Palmer (Plaintiff) R Marshall SC (Defendant)