NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McLeary v Swift [2013] NSWSC 216 Hearing dates: 11 March 2013 Decision date: 22 March 2013 Jurisdiction: Equity Division Before: Young AJ Decision: Freezing order made Catchwords: EQUITY - equitable remedies - injunctions - interlocutory injunctions - injunctions to preserve status quo or property pending determination of rights - freezing orders - orders against third parties - whether available in absence of property currently held by defendant - property of defendant transferred to discretionary trustee - where defendant with power of appointment and contingent beneficiary of discretionary trust
EQUITY - equitable remedies - injunctions - interlocutory injunctions - injunctions to preserve status quo or property pending determination of rights - freezing orders - nature and effect of order - appropriate form of order
PRACTICE AND PROCEDURE - rejection of affidavit where witness unavailable for cross-examination - rejection notwithstanding absence of timely notice to attend for cross-examination Legislation Cited: Uniform Civil Procedure Rules 2005 r 35.2 Corporations Act 2001 (Cth) s 256D Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth) Cases Cited: Yanner v Eaton [1999] HCA 69; 201 CLR 351 Scaffidi v Montevento Holdings Pty Ltd [2011] WASCA 146; 6 ASTLR 446 Montevento Holdings Pty Ltd v Scaffidi [2012] HCA 48; 87 ALJR 15; 6 ASTLR 480 Re Burton (1994) 126 ALR 557 Keenon v Spry [2008] HCA 56; 238 CLR 366 Derby & Co Ltd v Weldon (No 3 and 4) [1990] Ch 65 Jackson v Sterling Industries Ltd [1987] HCA 23; 162 CLR 612 Cardile v Led Builders Pty Ltd [1999] HCA 18; 198 CLR 380 Category: Principal judgment Parties: Plaintiff - Jeffrey John McLeary Defendant - Martin Swift Named entities - Balook Investments Pty Ltd; Astbury Enterprises Pty Ltd; Coolbrew Pty Ltd; Crown on Darby Pty Ltd; 40 Enterprise Drive Pty Ltd; Murri Wunda Pty Ltd; Birraba Pty Ltd; 1 Ross Road Pty Ltd; Blue Sky Developments Pty Ltd; The Swift Family Trust Representation: Counsel: Plaintiff - FG Kalyk Defendant - JT Johnson Named entities - Ms SS Nash (sol) Solicitors: Plaintiff - Shotters Lawyers Defendant - Beazley Singleton Lawyers Named entities - Sally Nash & Co Lawyers File Number(s): 2011/69385
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate