NSW Caselaw
New South Wales Supreme Court
CITATION : Murphy v Buckley [2009] NSWSC 60
HEARING DATE(S) : 15, 19 December 2008
JUDGMENT DATE : 19 February 2009
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Decline to grant injunctions against fourth and fifth defendants in Ireland from dissipating their assets.
CATCHWORDS : EQUITY [340]- Whether an injunction preserving assets of a notional estate against the possibility of a successful Family Provision claim should be granted against defendants in Ireland- Defendants innocently received assets from deceased before he died- Equity will not make an order where no realistic chance of enforcement against the person- Injunction would not be enforceable in Ireland- Irish defendants have no connection with jurisdiction. SUCCESSION [290]- Family Provision- Claim of daughter against notional estate- Deceased gave defendants money prior to his death, thus notional estate- Injunction sought against Irish defendants to preserve assets constituting part of notional estate against the possibility of a successful Family Provision claim.
LEGISLATION CITED : Family Provision Act 1982, s 7 Probate and Administration Act 1898, s 41A
CASES CITED : Hospital for Sick Children (Board of Governors) v Walt Disney Productions Inc [1968] Ch 52 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2008) 165 FCR 510
(A minor) (P) P M Buckley (D1) PARTIES : J G Buckley (D2) B Munro (D3) S Murphy (D4) J Whitty (D5)
FILE NUMBER(S) : SC 6184/08
COUNSEL : S Hughes (P) No appearance for defendants
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