Megna & anor v Marshall & anor [2005] NSWSC 1302

New South Wales Supreme Court

CITATION : Megna & anor v Marshall & anor [2005] NSWSC 1302

HEARING DATE(S) : 15 November 2005

JUDGMENT DATE : 15 November 2005

JUDGMENT OF : Brereton J

CATCHWORDS : EQUITY – Remedies – Injunctions – Asset Preservation Order

Defamation Act 1974 (NSW), s 7A LEGISLATION CITED : Family Law Act 1975 (Cth)

Patterson v BTR Engineering Australia Ltd (1989) 18 NSWLR 319 CASES CITED : Frigo v Culhaci (NSWCA, 17 July 1998)

Michael Megna (first plaintiff) Russell James Lloyd (second plaintiff) PARTIES : David John Marshall (first defendant) Richard Martin Tory (second defendant)

FILE NUMBER(S) : SC 10261/04

D Marshall (in person) (first defendant) COUNSEL : S A Kerr (second defendant) A Radojev (for Mrs Marshall)

Osborne Bricknell Howell (second defendant) SOLICITORS : Thurlow Fisher (for Mrs Marshall)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BRERETON J

Tuesday 15 November 2005

10261/04 Michael Megna v David John Marshall & Ors

JUDGMENT (ex tempore) 1 HIS HONOUR: By Notice of Motion filed in Court pursuant to leave granted by Whealy J on 14 November 2005, David John Marshall, who is the first defendant in the substantive proceedings, seeks an order that Richard Martin Tory, who is the second defendant in those proceedings, be restrained from selling, transferring and encumbering, offering as security, or lodging or causing to be lodged any caveat, or otherwise dealing with any type of interest in any property which he may own, including that at 29 St George's Crescent, Drummoyne in the State of the New South Wales, until any judgment debt in favour of the plaintiff against the second defendant in the proceedings has been satisfied or until further order of the Court.