RABO EQUIPMENT FINANCE LTD v. BOUTAYEH [2001] NSWSC 517

New South Wales Supreme Court

CITATION : RABO EQUIPMENT FINANCE LTD v. BOUTAYEH [2001] NSWSC 517 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 2598/01 HEARING DATE(S) : 5/06/01 JUDGMENT DATE : 28 June 2001

Rabo Equipment Finance Limited - Plaintiff Pierre Boutors Boutayeh - First Defendant JMJ Refunds Pty Limited - Second Defendant Petro Mariam Holdings Pty Limited - Third Defendant PARTIES : Westpac Banking Corporation - Fourth Defendant Joseph Alexander - Fifth Defendant Australia and New Zealand Banking Group Ltd - Sixth Defendant Imad Boutayeh - Seventh Defendant St George Bank Limited - Eighth Defendant JUDGMENT OF : Bryson J at 1

J. Marshall - Plaintiff COUNSEL : J. Gooley - Fifth Defendant

SOLICITORS : Blake Dawson Waldron - Plaintiff John Spence & Associates - Fifth Defendant CATCHWORDS : INJUNCTION - interlocutory injunction - plaintiff sought injunction restraining dealing with Fixed Deposit into which it claimed to trace part of proceeds of funds obtained by fraud - defendant explained on oath his dealings and circumstances in which payment was made to him - on the facts the plaintiff's prospects of success did not warrant interlocutory injunction - injunction obtained ex parte was dissolved. Lipkin Gorman v. Karpnale Limited [1991] 2 AC 548 CASES CITED : Australia & New Zealand Banking Group Limited v. Westpac Banking Corporation 164 CLR 662 David Securities Pty Ltd v. Commonwealth Bank of Australia 175 CLR 353 DECISION : See para.[16]. Injunction dissolved.