Big Top Hereford Pty Ltd v Gavin Thomas as Trustee of the Bankrupt Estate of Douglas Keith Tyler [2006] NSWSC 1470

New South Wales Supreme Court

CITATION : Big Top Hereford Pty Ltd v Gavin Thomas as Trustee of the Bankrupt Estate of Douglas Keith Tyler [2006] NSWSC 1470

HEARING DATE(S) : 27 September 2006 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 09/27/2006

DECISION : Interlocutory injunction granted.

CATCHWORDS : INJUNCTIONS – Interlocutory injunction – ex parte injunction – duty of disclosure – balance of convenience.

Elton v Cavill (1994) 34 NSWLR 289 CASES CITED : Mutch v English [2006] NSWSC 946 Thomas A Edison Limited v Bullock (1912) 15 CLR 679 Town & Country Sport Resorts (Holdings) Pty Ltd v Partnership Pacific Ltd (1988) 20 FCR 540

PARTIES : Big Top Hereford Pty Ltd (plaintiff) Gavin Thomas as Trustee for the Bankrupt Estate of Douglas Keith Tyler (defendant)

FILE NUMBER(S) : SC 4904/06

COUNSEL : Ms M Dulhunty (plaintiff) Mr S Golledge (defendant)

SOLICITORS : Savage & Love Solicitors (plaintiff) The Argyle Partnership (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Wednesday 27 September 2006

4904/06 Big Top Hereford Pty Limited v Gavin Frederick Crichton Thomas JUDGMENT (ex tempore) 1 HIS HONOUR: The plaintiff Big Top Hereford Pty Limited, of which Peter William Jupp is apparently the sole director, claims to be the owner of a herd of Hereford cattle formerly located at a property called Big Top at Tyringham on the mid-North Coast of New South Wales.

2 The defendant Gavin Frederick Crichton Thomas is a registered bankruptcy trustee, and in particular is the trustee of the bankrupt estate of Douglas Keith Tyler, whose estate was sequestrated by order of the Federal Court of Australia on 14 February 2003. Mr Tyler has since been discharged, but the property which constituted his assets when the sequestration order was made, or on the date to which it related back, remained vested in his trustee.