Irina Prodger v Trevor William Prodger & Anor [2015] NSWSC 287

An adjournment was warranted to allow a potential solution safeguarding the plaintiff's prospective rights over securities pending resolution of the sale and Family Law proceedings and to avoid prejudicing those rights in her absence.

Jurisdiction: Australia
Judgment Date: 19 March 2015
Procedural Posture: Equity Proceedings / Adjournment Before Duty Judge
Outcome: Adjournment granted; costs reserved.
Legal Topics: ['matrimonial Dispute' 'mortgagee Securities' 'constructive Trust' 'caveats' 'rights of Contribution' 'adjournment']

['equity'] ['matrimonial Dispute' 'mortgagee Securities' 'constructive Trust' 'caveats' 'rights of Contribution' 'adjournment']

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

Procedural Posture

Equity Proceedings / Adjournment Before Duty Judge

Legal Issues

1 ["Whether the plaintiff's possible rights of contribution and enforcement against security would be prejudiced by removal of a caveat and settlement of matrimonial property sale" "Whether adjournment is warranted in view of plaintiff's absence and potential irremediable prejudice"]

Ratio Decidendi

Court Disposition

Adjournment granted; costs reserved.

Orders

['The matter is adjourned before the duty judge at 10am, 26 March 2015.' "The listing date before the Registrar in equity's list on 20 March 2015 is vacated and adjourned before the duty judge at 10am on 26 March 2015." 'Costs reserved.']