Allsop Investments Pty Ltd v Jerkovic & Ors (No. 2) [2022] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: Allsop Investments Pty Ltd v Jerkovic & Ors (No. 2) [2022] NSWSC 7 Hearing dates: 5, 6 & 7 January 2022 Date of orders: 7 January 2022 Decision date: 07 January 2022 Jurisdiction: Equity - Duty List Before: Slattery J Decision: See paragraph [55]. Catchwords: EQUITY – interlocutory injunctions – application for freezing order – the plaintiff, the beneficiary of a trust, brings proceedings for the alleged misapplication of trust funds by the third defendant trustee, allegedly orchestrated by the first and second defendants, who controlled the third defendant – the first and second defendants are alleged to have benefited from the alleged misapplication of funds – first and second defendants propose the sale of their residential property – whether the circumstances are such that there is a danger of the defence absconding or of their assets being removed out of the jurisdiction or disposed of within the jurisdiction or otherwise dealt with so that there is a danger that the plaintiff, if successful, will not be able to have his judgment satisfied – whether an injunction may be granted restraining the first and second defendants from disposing of the proceeds of sale of the residential property on any other basis – whether the plaintiff can establish an equitable interest in the residential property as a result of the defendants application of the proceeds of sale of certain trust assets to pay off liabilities. Legislation Cited: Uniform Civil Procedure Rules 2005, r 14.14 Cases Cited: Allsop Investments Pty Ltd v Jerkovic & Ors [2021] NSWSC 1399 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Clayton Utz v Dale (2015) 47 VR 48 Frigo v Culhaci [1998] NSWCA 88 Jackson v Stirling Industries Ltd (1987) 162 CLR 612 Parbert v QNI Metals Pty Ltd (2018) 358 ALR 88 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Re: HPACK Investments Pty Ltd (2020) 149 ACSR 303 Samimi v Seyedabadi [2013] NSWCA 279 Zhao v Bonheur Holdings Pty Ltd [2020] NSWSC 535 Category: Procedural rulings Parties: Plaintiff/cross-defendant: Allsop Investments Pty Limited First defendant/cross-claimant: Joe Peter Jerkovic, trading as L J Hooker Riverwood Second defendant/cross-claimant: Gina Jerkovic Third defendant/cross-claimant: Mortdale Estate Pty Ltd Representation: Counsel: Plaintiff: Defendants: R. Tregenza