Willcocks v Willcocks [2012] NSWSC 871

Supreme Court New South Wales

Medium Neutral Citation: Willcocks v Willcocks [2012] NSWSC 871 Hearing dates: 13 July 2012 Decision date: 13 July 2012 Jurisdiction: Equity Division - Duty List Before: White J Decision: 1. Refuse the application to extend the injunction made on 11 July 2012. 2. Order that order 1 made on 11 July 2012 be discharged. This order may be taken out forthwith. 3. Order that the plaintiff pay the first defendant's costs of the proceedings to date and order that those costs be assessed forthwith, and will be payable forthwith after agreement or assessment. Catchwords: PRACTICE AND PROCEDURE - interlocutory issues - injunctions - application for extension of injunction restraining registration of Transfer Severing Joint Tenancy - question as to capacity of defendant to sever joint tenancy - whether defendant acting under undue influence - evidence on application does not raise serious question to be tried - possibility of future application does not provide basis for continuing current injunction - as a person claiming adversely to the transfer the plaintiff does not have standing to challenge the transaction Legislation Cited: Real Property Act 1900 NSW Trustee and Guardian Act 2009 Cases Cited: Gibbons v Wright [1954] HCA 17; (1954) 91 CLR 423 Category: Interlocutory applications Parties: Glanville Arnim Willcocks (Plaintiff) Patricia Maude Willcocks (Defendant) Representation: Counsel: R Pearson (Plaintiff) P T Russell (Defendant) Solicitors: Kennedy & Cooke (Plaintiff) Andrew Warren Associates (Defendant) File Number(s): 2012/204043