Goulston v Sundell as executor of the estate of the late James Ralph Sundell [2024] NSWSC 12

Supreme Court New South Wales

Medium Neutral Citation: Goulston v Sundell as executor of the estate of the late James Ralph Sundell [2024] NSWSC 12 Hearing dates: 30 August, 7 September 2023 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Injunction continued until the respondent provides acceptable first mortgage or equivalent security to secure the repayment of the FY 23 distribution if the applicant is successful in the proceedings. Costs reserved. Catchwords: INTERLOCUTORY APPLICATION – application for injunction to restrain transfer to the respondent of a distribution from a unit trust for the 2023 financial year – respondent is the legal owner of the units in the unit trust and claims entitlement to the distribution – the applicant on the motion claims final relief in the proceedings that it is the beneficial owner of the units in the unit trust – the respondent claims he needs the distribution to meet his anticipated legal costs for the final hearing of the proceedings to take place in April 2024 – the applicant says there is a risk of dissipation of the distribution if the injunction is not granted – temporary injunction granted – whether it should be continued, and if so on what terms. Legislation Cited: Conveyancing Act 1919, s 23C(1)(c) Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese (Managers of Kimpton Church of England Primary School) v Woodhouse [1970] 1 All ER 769 Fitzgerald V Williams [1996] QB 657 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 Frederic Marino v FM Capital Partners Ltd [2016] EWCA Civ 1301 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Millard Shaw Pty Ltd v Byrnes [2019] SADC 60 Sundt v Wrigley & Co Ltd v Wrigley, EWCA Civ, unreported, 23 June 1993 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Procedural rulings Parties: Applicant: Bogasi Pty Ltd ACN 001169259 Respondent: Joakim James Sundell Representation: Counsel: Plaintiff: M. Condon SC, M. Cleary Fourth Defendant: Dr S. Chapple SC