WHITTON v MURRAY [1993] NSWCA 288

WHITTON v MURRAY [1993] NSWCA 288

A Mareva injunction cannot be granted solely on the basis of pleadings or admissions therein, but only on sworn evidence; as there was no sworn evidence, the primary judge was correct to refuse the order.

Parties
Claimant: Whitton; Opponent: Murray
Jurisdiction
Australia
Judgment Date
01 November 1993
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Mareva Injunction, Relief Sought on Pleadings, Necessity of Sworn Evidence
Injunctions Civil Procedure Mareva Injunction Relief Sought on Pleadings Necessity of Sworn Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Whitton

Claimant

Murray

Opponent

Procedural Posture

Application for Leave to Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether a Mareva injunction may be granted on pleadings alone without sworn evidence

Ratio Decidendi

A Mareva injunction cannot be granted solely on the basis of pleadings or admissions therein, but only on sworn evidence; as there was no sworn evidence, the primary judge was correct to refuse the order.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Summons dismissed with costs