Sleiman v Afeich [2005] NSWSC 1063

Sleiman v Afeich [2005] NSWSC 1063

Because credible evidence established that $297,000 had been paid to Bechara Tawk and withdrawn from his account, his evidence about the money and the alleged Lebanese property transaction was not credible, and there was a strong case that the money was being dealt with fraudulently and might become permanently unavailable to satisfy the plaintiff's judgment, it was appropriate to order Mr Tawk to pay $200,000 into Court as ancillary to the Mareva relief, whether the application was treated as on notice or ex parte.

Jurisdiction
Australia
Judgment Date
17 October 2005
Procedural Posture
Equity Proceeding Concerning Mareva Relief and Interlocutory Preservation of Property / Application for an Order That Bechara Tawk Pay $200,000 Into Court to Abide the Further Order of the Court
Outcome
Application granted; order made that Bechara Tawk pay $200,000 into Court to abide the further order of the Court.
Legal Topics
['mareva Injunctions' 'interlocutory Injunctions' 'payment of Money Into Court' 'subpoenas' 'preservation of Assets Pending Determination of Rights']
['equity' 'civil Procedure'] ['mareva Injunctions' 'interlocutory Injunctions' 'payment of Money Into Court' 'subpoenas' 'preservation of Assets Pending Determination of Rights']

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Procedural Posture

Equity Proceeding Concerning Mareva Relief and Interlocutory Preservation of Property / Application for an Order That Bechara Tawk Pay $200,000 Into Court to Abide the Further Order of the Court

Legal Issues

  1. 1 ['Whether Bechara Tawk should be ordered to pay $200,000 into Court as ancillary to existing Mareva relief.' "Whether the order should be made despite limited service of the motion and Bechara Tawk's non-appearance."]

Ratio Decidendi

Because credible evidence established that $297,000 had been paid to Bechara Tawk and withdrawn from his account, his evidence about the money and the alleged Lebanese property transaction was not credible, and there was a strong case that the money was being dealt with fraudulently and might become permanently unavailable to satisfy the plaintiff's judgment, it was appropriate to order Mr Tawk to pay $200,000 into Court as ancillary to the Mareva relief, whether the application was treated as on notice or ex parte.

Court Disposition

Application granted; order made that Bechara Tawk pay $200,000 into Court to abide the further order of the Court.

Orders

  • ['Bechara Tawk is to pay $200,000 into Court to abide the further order of the Court.' 'Leave is reserved to Bechara Tawk to apply to set aside or vary the orders on short notice.' 'The existing form of Mareva relief in force against Bechara Tawk is varied.']