Murphy v Buckley [2009] NSWSC 60

Murphy v Buckley [2009] NSWSC 60

Injunctions should not be granted against the Irish defendants because they have no connection with the jurisdiction and any orders would not be enforceable in Ireland; the present case does not fall within the public interest exception.

Jurisdiction
Australia
Judgment Date
19 February 2009
Procedural Posture
Family Provision / Interlocutory Application for Injunction
Outcome
Injunctions against fourth and fifth defendants (the Irish defendants) declined
Legal Topics
['injunctions' 'notional Estate' 'family Provision' 'enforcement of Orders']
['equity' 'succession'] ['injunctions' 'notional Estate' 'family Provision' 'enforcement of Orders']

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Procedural Posture

Family Provision / Interlocutory Application for Injunction

Legal Issues

  1. 1 ['Whether an injunction should be granted to preserve assets held by foreign defendants in a notional estate under the Family Provision Act 1982']

Ratio Decidendi

Injunctions should not be granted against the Irish defendants because they have no connection with the jurisdiction and any orders would not be enforceable in Ireland; the present case does not fall within the public interest exception.

Court Disposition

Injunctions against fourth and fifth defendants (the Irish defendants) declined

Orders

  • ['Decline to grant injunctions against fourth and fifth defendants in Ireland from dissipating their assets']