Provident Capital Ltd v Anderson & Anor [2012] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: Provident Capital Ltd v Anderson & Anor [2012] NSWSC 525 Hearing dates: 17 May 2012 Decision date: 17 May 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Until the final determination of these proceedings or until further order, the second defendant (Ms Coghlan) is restrained from selling, transferring, encumbering or otherwise dealing with each of the items listed in paragraph 2, except (ff), of the consent orders dated 26 August 2010 made in proceedings number NCC 2218 of 2010 in the Family Court of Australia (the Family Court orders) between the first defendant in these proceedings (Mr Anderson) and Ms Coghlan. (2) Ms Coghlan is to pay into court or into an account jointly controlled by her solicitor and the plaintiff's solicitor the proceeds after selling costs of the sale of each of items in paragraph 2, except (ff), of the Family Court Orders which has already been sold at the date of the orders and such funds may not be paid out of court or from the joint account except pursuant to an order of the court or by agreement between the plaintiff and Ms Coghlan. (3) Costs of the notice of motion to be the plaintiff's costs in the cause. Catchwords: CONTRACT - mortgage - goods mortgage - interlocutory injunction - application to restrain a party from dealing with certain personal property - whether prima facie case

EQUITY - priorities - prior charge over chattels subsequent consent orders under the Family Law Act 1975 - nature of a Mareva injunction Legislation Cited: - Conveyancing Act 1919 - Family Law Act 1975 Cases Cited: - Australian Broadcasting Corporation v O'Neil [2006] HCA 46; 227 CLR 57 - Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; 118 CLR 618 - 1st Fleet Pty Ltd v Australian Cooperative Foods Ltd [2006] NSWSC 881 - Marcolongo v Chen [2011] HCA 3; 242 CLR 546 - Deputy Commissioner of Taxation v Horsborough [1983] 2 VR 591 - Provident Capital v Anderson [2012] NSWSC 183 Category: Interlocutory applications Parties: Provident Capital Ltd (Plaintiff) Ian Anderson (First Defendant) Sonya Coghlan (Second Defendant) Representation: S Docker (Plaintiff) A Shearer (Second Defendant) Tiernan Lawyers (Plaintiff) APJ Law (Second Defendant) File Number(s): 2010/159025