Commonwealth Bank of Australia v Saleh & Ors [2005] NSWSC 843

Commonwealth Bank of Australia v Saleh & Ors [2005] NSWSC 843

The consent orders embodied a contractual agreement between the parties, which had been performed and under which exceptional circumstances would be needed to vary the injunction. No exceptional circumstances were demonstrated, and there was strong prima facie and uncontested evidence suggesting Mr Edge's dishonest participation in the alleged fraud. The Bank had demonstrated a real risk of dissipation of funds if the injunction were dissolved.

Jurisdiction
Australia
Judgment Date
18 August 2005
Procedural Posture
Application for Dissolution of Interlocutory Injunctions / Interlocutory Hearing
Outcome
Application refused
Legal Topics
['interlocutory Injunctions' 'consent Orders' 'contractual Basis for Consent Orders' 'freezing Order' 'burden of Proof']
['practice and Procedure' 'fraud'] ['interlocutory Injunctions' 'consent Orders' 'contractual Basis for Consent Orders' 'freezing Order' 'burden of Proof']

Case Brief

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Procedural Posture

Application for Dissolution of Interlocutory Injunctions / Interlocutory Hearing

Legal Issues

  1. 1 ["Meaning and effect of consent order for interlocutory injunction 'until further order'" 'Whether applicant bears burden of satisfying Court as to continuance of interlocutory injunction' 'Whether sufficient evidence of complicity of defendant in fraud to warrant continuation of freezing order']

Ratio Decidendi

The consent orders embodied a contractual agreement between the parties, which had been performed and under which exceptional circumstances would be needed to vary the injunction. No exceptional circumstances were demonstrated, and there was strong prima facie and uncontested evidence suggesting Mr Edge's dishonest participation in the alleged fraud. The Bank had demonstrated a real risk of dissipation of funds if the injunction were dissolved.

Court Disposition

Application refused

Orders

  • ["Mr Edge's application for dissolution of interlocutory injunctions against him is refused."]