Megna & anor v Marshall & anor [2005] NSWSC 1347

Megna & anor v Marshall & anor [2005] NSWSC 1347

Given the threatened or actual dissipation of assets via the financial agreement and a prima facie case for final relief for both the plaintiff and potential cross-claimant, a Mareva injunction was appropriate against both the defendant and the third party wife despite her not being a party, to preserve assets pending the determination of proceedings to set aside the agreement and any contribution claim.

Jurisdiction
Australia
Judgment Date
22 November 2005
Procedural Posture
Equity/defamation (interlocutory Motion) / Interlocutory (application for Injunction)
Outcome
Interlocutory orders made granting Mareva injunction as sought.
Legal Topics
['injunctions' 'asset Preservation' 'contribution Claim' 'financial Agreements' 'setting Aside Transactions']
['equity' 'family Law' 'defamation'] ['injunctions' 'asset Preservation' 'contribution Claim' 'financial Agreements' 'setting Aside Transactions']

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Procedural Posture

Equity/defamation (interlocutory Motion) / Interlocutory (application for Injunction)

Legal Issues

  1. 1 ['Whether a Mareva injunction should be granted restraining the disposition of assets in aid of a potential cross-claim and third party proceedings to set aside a financial agreement']

Ratio Decidendi

Given the threatened or actual dissipation of assets via the financial agreement and a prima facie case for final relief for both the plaintiff and potential cross-claimant, a Mareva injunction was appropriate against both the defendant and the third party wife despite her not being a party, to preserve assets pending the determination of proceedings to set aside the agreement and any contribution claim.

Court Disposition

Interlocutory orders made granting Mareva injunction as sought.

Orders

  • ['Upon the second defendant/applicant giving the usual undertaking as to damages and undertaking to commence proceedings to set aside the financial agreement within 14 days, David John Marshall and Shirley Irene Marshall are restrained from dealing with specified property and from taking steps to perform the said...