JFT CONSTRUCTIONS PTY LTD v WELLS [1994] NSWCA 156

JFT CONSTRUCTIONS PTY LTD v WELLS [1994] NSWCA 156

There is insufficient evidence of a real danger that the respondent will dispose of his assets prior to the hearing of the leave application, particularly as the respondent is currently in custody and speculation that assets may be disposed of is not enough to meet the threshold for grant of a Mareva injunction.

Parties
Applicant: JFT Constructions Pty Ltd; Respondent: Kerry Lucardu Wells
Jurisdiction
Australia
Judgment Date
08 April 1994
Procedural Posture
Motion / Application for Interim Injunction Pending Leave to Appeal
Outcome
application dismissed
Legal Topics
Mareva Injunction, Interlocutory Relief, Disposal of Assets, Fraud
Civil Procedure Mareva Injunction Interlocutory Relief Disposal of Assets Fraud

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Parties

JFT Constructions Pty Ltd

Applicant

Kerry Lucardu Wells

Respondent

Procedural Posture

Motion / Application for Interim Injunction Pending Leave to Appeal

Legal Issues

  1. 1 Whether there is sufficient evidence of danger that the respondent will dispose of assets to defeat a potential judgment.
  2. 2 Whether an injunction should be granted pending an application for leave to appeal against a previous refusal of a Mareva injunction.

Ratio Decidendi

There is insufficient evidence of a real danger that the respondent will dispose of his assets prior to the hearing of the leave application, particularly as the respondent is currently in custody and speculation that assets may be disposed of is not enough to meet the threshold for grant of a Mareva injunction.

Court Disposition

application dismissed

Orders

  • The application for a Mareva injunction pending determination of leave to appeal is refused.