Pamplin v Irwin [2024] NSWCA 112

Pamplin v Irwin [2024] NSWCA 112

The stay pending appeal was appropriate because the sale of land by trustees and the transfer of shares and units were orders of a kind ordinarily stayed pending appeal, the appeal proceedings raised matters requiring determination, and existing orders provided some security for Ms Irwin. The broader profit-based injunctions sought by Ms Irwin were refused because they were uncertain and would require contestable determinations of profits over an extended period, making them unsuitable as interlocutory injunctions. However, limited notice-based injunctive relief over specified properties owned by Dennis G Pamplin Pty Ltd was justified, upon the usual undertaking as to damages, given Ms...

Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Application for Leave to Appeal; Notice of Motion for Stay of Execution and Injunctive Relief Pending Appeal / Court of Appeal Procedural Ruling on Notice of Motion Filed 8 May 2024
Outcome
Notice of motion filed 8 May 2024 otherwise dismissed; stay varied and limited injunctive relief granted.
Legal Topics
['stay of Execution Pending Appeal' 'mareva Relief Pending Appeal' 'interlocutory Injunctions' 'clarity of Injunctions' 'trusts Over Property and Company Assets' 'appointment of Trustees for Sale Under S 66 G of the Conveyancing Act 1919 (nsw)']
['civil Procedure' 'appeals' 'equity' 'trusts' 'property Law'] ['stay of Execution Pending Appeal' 'mareva Relief Pending Appeal' 'interlocutory Injunctions' 'clarity of Injunctions' 'trusts Over Property and Company Assets' 'appointment of Trustees for Sale Under S 66 G of the Conveyancing Act 1919 (nsw)']

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Procedural Posture

Application for Leave to Appeal; Notice of Motion for Stay of Execution and Injunctive Relief Pending Appeal / Court of Appeal Procedural Ruling on Notice of Motion Filed 8 May 2024

Legal Issues

  1. 1 ['Whether orders requiring payment, transfer of shares and units, and sale of land should be stayed pending determination of proceedings in the Court of Appeal.' 'Whether the respondent should obtain further post-judgment injunctive or Mareva-type relief as a condition of the stay.' "Whether proposed injunctions restraining dealings with 'half of the profits' were sufficiently clear and appropriate." 'Whether Dennis G Pamplin Pty Ltd should be restrained from selling or otherwise dealing with specified properties without giving notice to Ms Irwin.']

Ratio Decidendi

The stay pending appeal was appropriate because the sale of land by trustees and the transfer of shares and units were orders of a kind ordinarily stayed pending appeal, the appeal proceedings raised matters requiring determination, and existing orders provided some security for Ms Irwin. The broader profit-based injunctions sought by Ms Irwin were refused because they were uncertain and would require contestable determinations of profits over an extended period, making them unsuitable as interlocutory injunctions. However, limited notice-based injunctive relief over specified properties owned by Dennis G Pamplin Pty Ltd was justified, upon the usual undertaking as to damages, given Ms...

Court Disposition

Notice of motion filed 8 May 2024 otherwise dismissed; stay varied and limited injunctive relief granted.

Orders

  • ['By consent, vary order 1(b) made on 9 February 2024 and order 2 made on 9 April 2024, in each case in proceeding 2018/00179474, so as to replace the folio identifier "1/538582" by "1/1189317" and to replace the folio identifier "1/653836" by "2/1189317".' 'Vary order 1 made on 9 April 2024 on the Notice of Motion...