NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Mekhail v Hana; Mekail v Hana; In the Estate of Nadia Mekhail (No 2) [2017] NSWSC 1175 Hearing dates: 4 September 2017 Date of orders: 05 September 2017 Decision date: 05 September 2017 Jurisdiction: Equity Before: Slattery J Decision: Application dismissed. Catchwords: EQUITY – Equitable Remedies – injunctions – application to vary an injunction previously granted to prohibit the defendant from selling, encumbering or otherwise dealing with certain real property – whether injunction should be varied to permit the sale of property where the proceeds of sale would be quarantined in a solicitor's trust account Legislation Cited: Real Property Act 1900, s 74J Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese v Woodhouse [1970] 1 WLR 586 Kolback Securities Ltd v Epoch Mining (1987) 8 NSWLR 533 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Mekhail v Hana; Mekail v Hana; In the Estate of Nadia Mekhail [2017] NSWSC 575 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Procedural and other rulings Parties: In 2015/186751 Plaintiff: Magdy Mekhail Defendant: Georgette Hana
In 2015/310332 Plaintiff: Youssef Shoukry Wardakhan Mekail Defendant Georgette Hana Representation: Counsel:
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