Oliver v Lake Side Resort Development Pty Ltd [2005] NSWSC 510

Oliver v Lake Side Resort Development Pty Ltd [2005] NSWSC 510

Plaintiffs failed to demonstrate a clearly established danger of dissipation or removal of assets sufficient to justify the intrusive Mareva order; the transactions relied upon were ordinary commercial transactions, and no conduct indicating potential frustration of the process of the court was shown.

Jurisdiction
Australia
Judgment Date
27 May 2005
Procedural Posture
Equity Application for Mareva Order / Post Evidence, Pre Submissions; Application for Relief Pending Judgment
Outcome
Application dismissed
Legal Topics
['mareva Orders' 'danger of Dissipation of Assets']
['equity'] ['mareva Orders' 'danger of Dissipation of Assets']

Case Brief

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Procedural Posture

Equity Application for Mareva Order / Post Evidence, Pre Submissions; Application for Relief Pending Judgment

Legal Issues

  1. 1 ['Whether there is a danger of dissipation of assets sufficient to warrant Mareva relief']

Ratio Decidendi

Plaintiffs failed to demonstrate a clearly established danger of dissipation or removal of assets sufficient to justify the intrusive Mareva order; the transactions relied upon were ordinary commercial transactions, and no conduct indicating potential frustration of the process of the court was shown.

Court Disposition

Application dismissed

Orders

  • ['Application for Mareva relief is dismissed']