Allsop Investments Pty Ltd v Jerkovic & Ors (No. 2) [2022] NSWSC 7

Allsop Investments Pty Ltd v Jerkovic & Ors (No. 2) [2022] NSWSC 7

Persistent breaches of trust duties by the Jerkovics, including conduct behind the plaintiff's back and disregard for beneficiary rights, establish a sufficiently substantial danger they may deal with assets so as to defeat judgment; warranting extension of the freezing order.

Jurisdiction
Australia
Judgment Date
07 January 2022
Procedural Posture
Equity / Interlocutory Application for Continuation of Freezing Order
Outcome
Freezing order against first and second defendants extended; plaintiff's motion otherwise dismissed; ancillary procedural orders and return to Registrar's list for directions.
Legal Topics
['interlocutory Injunctions' 'freezing Orders' 'misapplication of Trust Funds' 'equitable Interest' 'asset Dissipation']
['equity' 'civil Procedure'] ['interlocutory Injunctions' 'freezing Orders' 'misapplication of Trust Funds' 'equitable Interest' 'asset Dissipation']

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Procedural Posture

Equity / Interlocutory Application for Continuation of Freezing Order

Legal Issues

  1. 1 ['Whether circumstances justify continuation of freezing order against first and second defendants' 'Whether there is a danger defendants may dissipate assets to defeat judgment' 'Whether plaintiff can establish equitable interest in residential property due to alleged application of trust assets']

Ratio Decidendi

Persistent breaches of trust duties by the Jerkovics, including conduct behind the plaintiff's back and disregard for beneficiary rights, establish a sufficiently substantial danger they may deal with assets so as to defeat judgment; warranting extension of the freezing order.

Court Disposition

Freezing order against first and second defendants extended; plaintiff's motion otherwise dismissed; ancillary procedural orders and return to Registrar's list for directions.

Orders

  • ['Extend Order (2) in Annexure A until further order upon plaintiff giving usual undertaking as to damages.' "Plaintiff's motion dated 24 December 2021 otherwise dismissed." "Court expert Mr Vella may apply in writing for directions regarding parties' compliance for report." "Date on page 22 of plaintiff's affidavit...