NSW Caselaw
New South Wales Supreme Court
CITATION : Badman v Drake [2008] NSWSC 968
HEARING DATE(S) : 22 August 2008 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 22 August 2008
DECISION : Limited injunction granted but not extending to balance proceeds of transaction.
CATCHWORDS : INJUNCTIONS – interlocutory injunctions – application to prohibit the dispersal of proceeds of a disputed real property transaction – distinction between Mareva injunction and injunction in aid of a proprietary claim – where plaintiff has seriously arguable case and defendants have seriously arguable defence – balance of convenience – where defendants granted mortgage and dispersed a significant amount of the proceeds after proceeding commenced – where granting injunction could preclude the defendants from defending proceeding – where defendants had pre-existing equity in the property and some other assets.
CATEGORY : Procedural and other rulings
A v C (No 1) [1981] 1 QB 956 Australian Receivables Ltd v Tekitu Pty Ltd [2008] NSWSC 433 CASES CITED : Barnes v Addy (1874) LR 9 Ch App 244 McCleary v Bullabidgee Pty Ltd [2008] NSWSC 534 PCW (Underwriting Agencies) Ltd v Dixon [1983] 2 All ER 158
Dorothy Badman (plaintiff) PARTIES : Lawrence Drake (first defendant) Judith Drake (second defendant)
FILE NUMBER(S) : SC 3733/08
COUNSEL : Mr J C Kelly SC w Mr S J Duggan (plaintiff) Mr DL Williams SC w Mr S W Balafoutis (defendants)
SOLICITORS : The Rocks Practice P/L (plaintiff) Wight & Strickland (defendants)
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