NSW Caselaw
New South Wales Supreme Court
CITATION : Archer v Archer & Ors [2009] NSWSC 1321 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 25 November 2009
JUDGMENT DATE : 25 November 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 25 November 2009
DECISION : Application to discharge injunction dismissed. Defendant to pay plaintiff's cost of the application.
CATCHWORDS : EQUITY - equitable remedies - injunctions - plaintiff claims beneficial interest in bank accounts - application to discharge injunction over accounts - distinction between freezing order and injunction - lack of evidence to justify discharging injunction
LEGISLATION CITED : Guardianship Act 1987 (NSW)
CATEGORY : Principal judgment
CASES CITED : Jackson v Sterling Industries Ltd (1987) 162 CLR 612
Plaintiff: Raymond Bruce Archer By His Tutor Mark Robert Jumikis PARTIES : First Defendant: Gary Archer Second Defendant: Commonwealth Bank of Australia Third Defendant: National Australia Bank Limited
FILE NUMBER(S) : SC 4296/08
Plaintiff: Mr L Ellison SC COUNSEL : First Defendant: Mr Gary Archer (Self-Represented) Second Defendant: No appearance Third Defendant: No appearance
Plaintiff: Bartier Perry SOLICITORS : First Defendant: Mr Gary Archer (Self-Represented) Second Defendant: No appearance Third Defendant: No appearance
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY
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