Verner v Giannaros [2015] NSWSC 1406

Verner v Giannaros [2015] NSWSC 1406

There is a serious question to be tried regarding whether the impugned transactions in respect of the Dulwich Hill property were improvident or unconscientious and whether the defendants were aware of the plaintiff's incapacity. The balance of convenience favours continuing the freezing orders, as there is insufficient evidence of undue detriment to defendants and a real risk of dissipation of assets if the orders are not made.

Jurisdiction
Australia
Judgment Date
21 September 2015
Procedural Posture
Equity Proceeding / Interlocutory Application for Continuation of Freezing Orders
Outcome
Freezing orders continued, with appropriate carve-outs for living and legal expenses.
Legal Topics
['interlocutory Orders' 'freezing Orders' 'unconscionable Dealing' 'fiduciary Duties' 'balance of Convenience']
['equity' 'practice and Procedure'] ['interlocutory Orders' 'freezing Orders' 'unconscionable Dealing' 'fiduciary Duties' 'balance of Convenience']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding / Interlocutory Application for Continuation of Freezing Orders

Legal Issues

  1. 1 ['Whether earlier freezing orders should be continued' 'Whether there is a serious question to be tried regarding unconscionable dealing by defendants' 'Whether the balance of convenience favours continuation of freezing orders' 'Whether undue detriment would be caused to defendants by the freezing orders']

Ratio Decidendi

There is a serious question to be tried regarding whether the impugned transactions in respect of the Dulwich Hill property were improvident or unconscientious and whether the defendants were aware of the plaintiff's incapacity. The balance of convenience favours continuing the freezing orders, as there is insufficient evidence of undue detriment to defendants and a real risk of dissipation of assets if the orders are not made.

Court Disposition

Freezing orders continued, with appropriate carve-outs for living and legal expenses.

Orders

  • ['Freezing orders continued over proceeds/assets, with carve-outs for living and legal expenses.']