Cope v Destination Education Pty. Ltd. & Ors [1999] NSWSC 6

Cope v Destination Education Pty. Ltd. & Ors [1999] NSWSC 6

Grounds for ex parte Mareva injunction not made out; risk alleged is speculative, as defendants have roots in Australia and no evidence that they would abscond or improperly deal with company assets upon being aware of proceedings.

Jurisdiction
Australia
Judgment Date
12 January 1999
Procedural Posture
Civil / Ex Parte Application for Mareva Injunction
Outcome
Application for ex parte Mareva injunction dismissed
Legal Topics
['mareva Injunction' 'shareholder Dispute' 'oppression Proceedings']
['corporations'] ['mareva Injunction' 'shareholder Dispute' 'oppression Proceedings']

Case Brief

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Procedural Posture

Civil / Ex Parte Application for Mareva Injunction

Legal Issues

  1. 1 ['Whether ex parte Mareva injunction should be granted against defendants restraining operation of company bank accounts']

Ratio Decidendi

Grounds for ex parte Mareva injunction not made out; risk alleged is speculative, as defendants have roots in Australia and no evidence that they would abscond or improperly deal with company assets upon being aware of proceedings.

Court Disposition

Application for ex parte Mareva injunction dismissed

Orders

  • ['Notice of Motion dismissed' 'Return date of summons amended to 8 February 1999']