Curran v Curran [2004] NSWSC 563

Curran v Curran [2004] NSWSC 563

Despite a prima facie case, on balance of convenience the disadvantages and prejudice in delaying or restraining the auction, expense of a receiver, and adequate protection by defendant's undertakings outweighed the plaintiff's interests, so the motion for interim relief was dismissed.

Jurisdiction
Australia
Judgment Date
22 June 2004
Procedural Posture
Interlocutory Application / Notice of Motion for Interim Relief (receiver/manager Appointment and Injunction)
Outcome
Notice of motion for interim relief dismissed. Plaintiff to pay first defendant's costs of the motion. Times set for pleadings. Matter stood over for directions.
Legal Topics
['appointment of Receivers' 'partnership Dissolution' 'interlocutory Injunctions']
['equity' 'partnership Law'] ['appointment of Receivers' 'partnership Dissolution' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion for Interim Relief (receiver/manager Appointment and Injunction)

Legal Issues

  1. 1 ['Whether a partnership existed and, if so, whether it was terminated' 'Whether a receiver should be appointed to partnership property' 'Whether to grant an interlocutory injunction restraining sale of property']

Ratio Decidendi

Despite a prima facie case, on balance of convenience the disadvantages and prejudice in delaying or restraining the auction, expense of a receiver, and adequate protection by defendant's undertakings outweighed the plaintiff's interests, so the motion for interim relief was dismissed.

Court Disposition

Notice of motion for interim relief dismissed. Plaintiff to pay first defendant's costs of the motion. Times set for pleadings. Matter stood over for directions.

Orders

  • ['Notice of motion dated 22 June 2004 dismissed.' 'Plaintiff to pay first defendant’s costs of the motion.' 'Plaintiff’s statement of claim to be filed by 4 pm on 13 July 2004.' 'Defence and any cross-claim to be filed by 27 July 2004.' 'Any defence to a cross-claim to be filed by 10 August 2004.' 'Matter stood over...