YUILL v SPEDLEY SECURITIES LIMITED (IN LIQUIDATION) [1991] NSWCA 291

YUILL v SPEDLEY SECURITIES LIMITED (IN LIQUIDATION) [1991] NSWCA 291

It was open to the primary judge, having regard to earlier findings of fraud, past property dealings, and Mr Yuill's silence about his assets, to issue the Mareva injunction. Delay by the liquidator in seeking the injunction did not disqualify the application.

Parties
Claimant: Yuill; Opponent: Spedley Securities Limited (In Liquidation)
Jurisdiction
Australia
Judgment Date
06 May 1991
Procedural Posture
Leave to Appeal (interlocutory Order) / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Mareva Injunction, Interlocutory Relief, Appellate Review, Risk of Asset Dissipation
Injunctions Equity Mareva Injunction Interlocutory Relief Appellate Review Risk of Asset Dissipation

Case Brief

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Parties

Yuill

Claimant

Spedley Securities Limited (In Liquidation)

Opponent

Procedural Posture

Leave to Appeal (interlocutory Order) / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted to challenge the Mareva injunction issued against Mr Yuill
  2. 2 Whether there was sufficient evidence of risk of dissipation of assets
  3. 3 Whether delay by the liquidator was a disqualifying factor in granting the injunction

Ratio Decidendi

It was open to the primary judge, having regard to earlier findings of fraud, past property dealings, and Mr Yuill's silence about his assets, to issue the Mareva injunction. Delay by the liquidator in seeking the injunction did not disqualify the application.

Court Disposition

leave to appeal refused

Orders

  • Summons dismissed
  • Claimant to pay opponent's costs