Adler v Singer [2009] NSWSC 312

Adler v Singer [2009] NSWSC 312

Given a firmly arguable case that the plaintiff has revoked the powers of attorney and her beneficial entitlement to the relevant funds, interim relief should be granted to transfer part of the assets to the control of her solicitors to provide for her maintenance and liabilities, with protective mechanisms in place while substantive questions remain to be determined.

Parties
Plaintiff: Ethel Adler; First Defendant: David Singer; Second Defendant: Simon Singer
Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Interlocutory Application / Interim Relief
Outcome
Interim relief granted
Legal Topics
Powers of Attorney, Revocation of Power, Interim Injunctions, Asset Control
Equity Powers of Attorney Revocation of Power Interim Injunctions Asset Control

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ethel Adler

Plaintiff

David Singer

First Defendant

Simon Singer

Second Defendant

Procedural Posture

Interlocutory Application / Interim Relief

Legal Issues

  1. 1 Whether the plaintiff validly and effectively revoked the powers of attorney given to the defendants
  2. 2 Whether the plaintiff is competent to revoke the powers of attorney
  3. 3 Whether the plaintiff acted under undue influence when revoking the powers of attorney

Ratio Decidendi

Given a firmly arguable case that the plaintiff has revoked the powers of attorney and her beneficial entitlement to the relevant funds, interim relief should be granted to transfer part of the assets to the control of her solicitors to provide for her maintenance and liabilities, with protective mechanisms in place while substantive questions remain to be determined.

Court Disposition

Interim relief granted

Orders

  • Defendants to transfer to the trust account of the plaintiff's solicitors the funds (amounting to approximately $178,000) standing to the credit of the relevant bank account under defendants’ control.
  • Order for amended and extended injunctive relief covering assets to which Mrs Adler has a prima facie claim.