Sharkey v Mayahi-Nissi (No.2) [2015] NSWSC 132

Sharkey v Mayahi-Nissi (No.2) [2015] NSWSC 132

Ex parte orders restraining Mr Sharkey were set aside due to material misstatement regarding his intention to leave, no evidence of intent to abscond, lack of power to make a purely ancillary order without a freezing order, and significant prejudice to his business interests. Ms Nissi's undertaking as to damages was inadequate.

Jurisdiction
Australia
Judgment Date
25 February 2015
Procedural Posture
Procedural Ruling / Discharge of Ex Parte Orders
Outcome
Orders discharged; costs ordered against Ms Nissi
Legal Topics
['freezing Orders' 'ancillary Orders' 'jurisdictional Power' 'costs']
['equity' 'civil Procedure'] ['freezing Orders' 'ancillary Orders' 'jurisdictional Power' 'costs']

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Procedural Posture

Procedural Ruling / Discharge of Ex Parte Orders

Legal Issues

  1. 1 ['Whether the ex parte orders restraining Mr Sharkey from leaving the country should be discharged' 'Whether there was power to make a purely ancillary order under UCPR r 25.14 without a freezing order' "Material misstatement regarding Mr Sharkey's intention to leave jurisdiction" 'Prejudice to Mr Sharkey’s business interests' 'Adequacy of Ms Nissi’s undertaking as to damages']

Ratio Decidendi

Ex parte orders restraining Mr Sharkey were set aside due to material misstatement regarding his intention to leave, no evidence of intent to abscond, lack of power to make a purely ancillary order without a freezing order, and significant prejudice to his business interests. Ms Nissi's undertaking as to damages was inadequate.

Court Disposition

Orders discharged; costs ordered against Ms Nissi

Orders

  • ['Orders 1 and 2 made on 18 February 2015 discharged' 'Plaintiff’s passport to be returned' 'Defendant to pay plaintiff’s costs on indemnity basis' 'Notice of motion filed 18 February 2015 dismissed']