Speiser v Locums Financial Management Pty Ltd [1996] IRCA 397

Speiser v Locums Financial Management Pty Ltd [1996] IRCA 397

The applicant failed to establish a sufficient risk that the respondents would dissipate assets to frustrate any judgment; undertakings offered by respondents and the circumstances did not warrant a Mareva-type injunction; no trust arose over claimed commissions, only a debtor/creditor relationship.

Jurisdiction
Australia
Judgment Date
13 February 1996
Procedural Posture
Interlocutory Application / Application for Interlocutory (mareva Type) Injunction
Outcome
Application dismissed
Legal Topics
['interlocutory Injunctions' 'termination of Employment' 'mareva Injunctions' 'unpaid Commissions']
['industrial Law'] ['interlocutory Injunctions' 'termination of Employment' 'mareva Injunctions' 'unpaid Commissions']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Interlocutory (mareva Type) Injunction

Legal Issues

  1. 1 ['Whether a Mareva-type injunction is available to secure alleged unpaid commissions' 'Whether the respondents are at risk of dissipating assets to frustrate any judgment']

Ratio Decidendi

The applicant failed to establish a sufficient risk that the respondents would dissipate assets to frustrate any judgment; undertakings offered by respondents and the circumstances did not warrant a Mareva-type injunction; no trust arose over claimed commissions, only a debtor/creditor relationship.

Court Disposition

Application dismissed

Orders

  • ['The notice of motion be dismissed.' 'Time extended until 19 February for applicant to file any affidavits previously ordered to be filed.']