Irvine v McGrath & Anor [2003] NSWSC 8

New South Wales Supreme Court

CITATION : Irvine v McGrath & Anor [2003] NSWSC 8 HEARING DATE(S) : 27 January 2003 JUDGMENT DATE : 27 January 2003 JURISDICTION: Equity Division JUDGMENT OF : Sperling J at 1 DECISION : 1. The first defendant be restrained until 5 pm on Monday, 10 February 2003 from dealing with or making any distribution of the assets of the estate of Patricia June Irvine, pursuant to grant of probate number 121087 of 2002; 2. The first and second defendants be restrained until 5 pm on Monday, 10 February 2002 from dealing with any assets or the proceeds of sale, realisation or transfer of any assets of the said estate; 3. A copy of the summons herein, of the affidavits of M R Irvine and J Michael sworn 27 January 2003, and of these orders be served on the defendants by 5 pm on 28 January 2003; 4. A copy of these orders to be delivered to the Registrar in Probate by 10.30 am on 28 January 2002; 5. An amended summons, claiming further relief and affidavit evidence in support thereof, to be filed and served by 5 pm on 5 February 2002, such amended summons to be returnable on 10 February 2002; 6. Costs reserved.

CATCHWORDS : No question of principle Mark Robert Irvine PARTIES : Michael Marcus McGrath Nadine Antoinette McGrath FILE NUMBER(S) : SC 1223/03 COUNSEL : Mr M Cranitch SC for the Plaintiff No appearance for the Defendants SOLICITORS : Nevill & Edwards Solicitors for the Plaintiff No appearance for the Pefendants

- 3 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Sperling J

Monday, 27 January 2003

1223/03 Irvine v McGrath & Anor