JFT CONSTRUCTIONS PTY LTD v WELLS [1994] NSWCA 155

JFT CONSTRUCTIONS PTY LTD v WELLS [1994] NSWCA 155

The point to be argued in the summons for leave to appeal appeared to have sufficient merit to require the grant of immediate Mareva relief. Evidence before the Court gave strong credibility to the claimant's allegations. Sufficient material warranted grant of immediate relief pending the return date when the opponent would have opportunity to be heard.

Parties
Claimant: JFT Constructions Pty Ltd; Opponent: Kerry Licardu Wells
Jurisdiction
Australia
Judgment Date
11 April 1994
Procedural Posture
Motion for Mareva Injunction as Ancillary to Summons for Leave to Appeal / Application for Interlocutory Relief Pending Hearing of Summons for Leave to Appeal
Outcome
Mareva injunction made ex parte, with leave to issue and serve subpoenas; matter adjourned for further hearing.
Legal Topics
Mareva Injunction, Interlocutory Relief, Enforcement of Judgments, Alleged Employee Fraud
Practice and Procedure Mareva Injunction Interlocutory Relief Enforcement of Judgments Alleged Employee Fraud

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Parties

JFT Constructions Pty Ltd

Claimant

Kerry Licardu Wells

Opponent

Procedural Posture

Motion for Mareva Injunction as Ancillary to Summons for Leave to Appeal / Application for Interlocutory Relief Pending Hearing of Summons for Leave to Appeal

Legal Issues

  1. 1 Whether sufficient basis exists for grant of Mareva injunction where inference of existence of assets can be drawn from evidence of alleged fraud
  2. 2 Whether interlocutory relief should be granted pending return date of summons for leave to appeal

Ratio Decidendi

The point to be argued in the summons for leave to appeal appeared to have sufficient merit to require the grant of immediate Mareva relief. Evidence before the Court gave strong credibility to the claimant's allegations. Sufficient material warranted grant of immediate relief pending the return date when the opponent would have opportunity to be heard.

Court Disposition

Mareva injunction made ex parte, with leave to issue and serve subpoenas; matter adjourned for further hearing.

Orders

  • Orders in the nature of Mareva injunctions issued in accordance with short minutes of orders handed to the Court.
  • Leave to the claimant to issue and serve subpoenas addressed to the named persons.