NSW Caselaw
New South Wales Supreme Court
CITATION : Paris King Investments Pty Ltd & 1 ors v Michael Norman Rayhill & 2 ors [2006] NSWSC 403
HEARING DATE(S) : 30 & 31 March 2006 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 03/31/2006
DECISION : 1. Until further order, the second defendant, Syfurn Pty Ltd, be restrained from by itself, its servants and agents alienating, encumbering, further encumbering or otherwise adversely dealing with the property comprised in folio identifier B/108585. 2. Until further order the third defendant, Colleen Anne Rayhill, be restrained from by herself, her servants and agents doing any thing or taking any step calculated to diminish the value of her shareholding in Syfurn Pty Ltd, including, without limiting the generality of the foregoing, causing or permitting or suffering the assets of Syfurn or any of them to be paid (by way of loan or otherwise) to, or used as security for obligations of, herself or any director or shareholder of Syfurn.
CATCHWORDS : EQUITY - Remedies - Injunctions - Interlocutory injunctions - fiduciary obligations - purchasing rule - where company director who is also trustee of share for her children acquires property from company, and proceeds of property traceable into other accounts - whether Barnes v Addy claim arguable where not shown that defendant know of trust - balance of convenience - delay - comity of courts - where injunction is indirectly inconsistent with order in related proceedings in Family Court - where injunctions would indirectly hinder prosecution of proceedings in Family Court – where Family Court has held it has no jurisdiction.
Aberdeen Railway Company v Blaikie Bros (1854) 1 Macq 461 Australian Broadcasting Commission v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Barnes v Addy (1874) LR9ChApp 244; (1874) 43 LJ Ch 513; (1874) 30 LT 4; (1874) 22 WR 505 Donovan v Official Trustee in Bankruptcy (1991) 105 FLR 320 George A Bond & Company Limited v Bond (1929) 30 SR(NSW) 15, Harvey CJ in Eq CASES CITED : In the Marriage of Biltoft (1995) 126 FLR 385 In The Marriage of Tiley (1980) 6 Fam LR 528 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Queensland Mines Ltd v Hudson (1978) 18 ALR 1 R v Dovey; Ex Parte Ross (1979) 141 CLR 526 Woolworths Ltd v Kelly (1991) 22 NSWLR 189
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