NSW Caselaw
New South Wales Supreme Court
CITATION : MJS Investment Services Pty Ltd trading as Santoro & Co v Peter Alexander Nemes [2010] NSWSC 1278
HEARING DATE(S) : 27 September 2010 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 27 September 2010
DECISION : Mareva injunction granted
CATCHWORDS : EQUITY – Equitable remedies – Injunctions – Injunctions to preserve the status quo or property pending determination of rights – Mareva injunctions – Relevant considerations
CATEGORY : Procedural and other rulings
PARTIES : MJS Investment Services Pty Ltd (plaintiff) Peter Alexander Nemes (defendant)
FILE NUMBER(S) : SC 2010/317894
J E Thomson (plaintiff) COUNSEL : T C Russell (solicitor) amicus (defendant)
SOLICITORS : Sydney Property Lawyers (plaintiff) ERA Legal (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
BRERETON J
Monday, 27 September 2010
2010/317894 MJS Investment Services Pty Ltd t/as Santoro & Co v Peter Alexander Nemes JUDGMENT (ex tempore) 1 HIS HONOUR: The plaintiff MJS Investment Services Pty Ltd has sued the defendant Peter Alexander Nemes in the District Court of New South Wales at Sydney for a sum of about $200,000 in respect of accounting services said to have been rendered by the plaintiff to the defendant. Although the proceedings were issued in the District Court on 9 April 2010 they have not yet been served; apparently due to difficulties encountered in locating and serving the defendant. It is now evident that the defendant is, at least for the time being, abroad.
2 It appears that the defendant's only real property in Australia is 45-47 XXXXXX Road Fiddletown, which he owns in joint tenancy with his estranged wife and which is the subject of a contract for sale due to settle on 29 September, two days hence. In those circumstances, by summons filed on 24 September 2010, MJS applies to this Court for Mareva relief, restraining the defendant from adversely dealing with his Australian assets and, in particular, preserving his share of the proceeds of sale of the Fiddletown property.
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