Glenella One Pty Ltd v Duncan (No 4) [2015] NSWSC 1146

Glenella One Pty Ltd v Duncan (No 4) [2015] NSWSC 1146

The injunction was continued because it was appropriate to maintain protection of the Turtle Trust pending resolution of the disputed factual issues concerning trustee appointment and trust assets; costs were reserved because they could not properly be determined without addressing the substantive dispute; and the applicant's undertaking and liberty to apply were necessary incidents of continuing injunctive relief.

Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Application for Continuation of Ex Parte Injunction / Interlocutory Application
Outcome
Application granted; injunctive orders continued until further order of the Court, costs reserved, undertaking continued, and liberty to apply granted.
Legal Topics
['continuation of Ex Parte Injunction' 'appointment of Trustee' 'reservation of Costs' 'usual Undertaking as to Damages' 'liberty to Apply']
['practice and Procedure' 'costs' 'trusts'] ['continuation of Ex Parte Injunction' 'appointment of Trustee' 'reservation of Costs' 'usual Undertaking as to Damages' 'liberty to Apply']

Case Brief

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Procedural Posture

Application for Continuation of Ex Parte Injunction / Interlocutory Application

Legal Issues

  1. 1 ['Whether orders restraining Joanne Thomas and Morten Weaver from acting in relation to the Turtle Trust and dealing with its assets should be continued until further order of the Court.' 'Whether the costs of the application should be reserved pending resolution of the substantive dispute.' "Whether the applicant's undertaking to the Court should continue while the injunction continues." 'Whether liberty to apply should be granted on short notice.']

Ratio Decidendi

The injunction was continued because it was appropriate to maintain protection of the Turtle Trust pending resolution of the disputed factual issues concerning trustee appointment and trust assets; costs were reserved because they could not properly be determined without addressing the substantive dispute; and the applicant's undertaking and liberty to apply were necessary incidents of continuing injunctive relief.

Court Disposition

Application granted; injunctive orders continued until further order of the Court, costs reserved, undertaking continued, and liberty to apply granted.

Orders

  • ['Until further order of the Court, each of Joanne Thomas and Morten Weaver must not act or purport to act as trustee or appointor of the trust established by deed dated 15 February 2004 known as the Turtle Trust.' 'Until further order of the Court, each of Joanne Thomas and Morten Weaver must not remove from...