Moustapha v Nelson [2018] NSWSC 1816

Moustapha v Nelson [2018] NSWSC 1816

The plaintiffs' proprietary claim was weak and delayed, and there was no sufficient evidence of risk of asset dissipation by Ms Nelson; thus, neither interlocutory proprietary relief nor a freezing order was justified.

Jurisdiction
Australia
Judgment Date
26 November 2018
Procedural Posture
Application for Interlocutory Injunction and Freezing Order / Interlocutory Hearing
Outcome
Plaintiffs' Notice of Motion dismissed.
Legal Topics
['interlocutory Injunctions' 'constructive Trust' 'freezing Orders' 'restitution' 'balance of Convenience']
['equity' 'practice and Procedure'] ['interlocutory Injunctions' 'constructive Trust' 'freezing Orders' 'restitution' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction and Freezing Order / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the plaintiffs have a prima facie case for interlocutory proprietary relief' 'Whether the balance of convenience favours granting interlocutory relief' 'Whether a freezing order should be made to prevent dissipation of assets']

Ratio Decidendi

The plaintiffs' proprietary claim was weak and delayed, and there was no sufficient evidence of risk of asset dissipation by Ms Nelson; thus, neither interlocutory proprietary relief nor a freezing order was justified.

Court Disposition

Plaintiffs' Notice of Motion dismissed.

Orders

  • ["The First and Second Plaintiffs' Notice of Motion dated 25 October 2018 is dismissed." 'Plaintiffs to pay costs thrown away by reason of the amendment of the Statement of Claim.']