WHITTON v MURRAY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL KIRBY P, SHELLER and POWELL JJA 1 November 1993, 1 November 1993 [1993] NSWCA 288 INJUNCTIONS — Mareva injunction — sought on pleadings at first instance — primary judge (McDevitt DCJ) refuses to make order — held: (Kirby ACJ; Sheller JA and Powell JA concurring) (dismissing summons for leave to appeal): An order in the nature of a Mareva injunction can only be made on sworn evidence and not on the pleadings. Kirby ACJ This matter is an application for leave to appeal from an order of McDevitt DCJ. His Honour dismissed the claimant's application for an order in the nature of a Mareva injunction, sought on the admissions said to have been made on the face of the pleadings but without supporting sworn evidence. In my view McDevitt DCJ acted correctly. Without evidence, it would have been a very drastic step for his Honour to have given an order in the nature of a Mareva injunction. To ask for it on the basis of the pleadings, and nothing more was, in my view, misconceived. Accordingly, no error has been shown to authorise this Court to disturb the order which McDevitt DCJ made. I propose that the summons be dismissed and that the claimant pay the opponent's costs. Sheller JA I agree. Powell JA I also agree. Summons dismissed with costs. Counsel for the Claimant: CA McDonald Instructed by: AO Ellison and Co Counsel for the Opponent: MM Macrossan Instructed by: Neil Leys and Co