Donald Wilfred De Boer & Ors v John Ernest Williams [2004] NSWSC 351

Donald Wilfred De Boer & Ors v John Ernest Williams [2004] NSWSC 351

The Court ordered a Mareva injunction on the basis that the third plaintiff offered the usual undertaking as to damages and further undertook to indemnify the first two plaintiffs for any liability they may incur. The undertakings offered by the plaintiffs satisfied the necessary conditions for the grant of a Mareva injunction in the circumstances.

Jurisdiction
Australia
Judgment Date
23 April 2004
Procedural Posture
Equity Interlocutory / Application for Mareva Injunction
Outcome
Mareva injunction ordered on basis of varied form of the usual undertaking as to damages.
Legal Topics
['mareva Injunction' 'undertaking as to Damages' 'trusts' "executor's Duties" 'interlocutory Injunctions']
['equity' 'practice and Procedure'] ['mareva Injunction' 'undertaking as to Damages' 'trusts' "executor's Duties" 'interlocutory Injunctions']

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Procedural Posture

Equity Interlocutory / Application for Mareva Injunction

Legal Issues

  1. 1 ['Whether a Mareva injunction should be made where not all plaintiffs are prepared to give the usual undertaking as to damages' 'Whether special circumstances exist to relieve plaintiffs from the obligation to proffer the usual undertaking as to damages']

Ratio Decidendi

The Court ordered a Mareva injunction on the basis that the third plaintiff offered the usual undertaking as to damages and further undertook to indemnify the first two plaintiffs for any liability they may incur. The undertakings offered by the plaintiffs satisfied the necessary conditions for the grant of a Mareva injunction in the circumstances.

Court Disposition

Mareva injunction ordered on basis of varied form of the usual undertaking as to damages.

Orders

  • ['The defendant is restrained from selling, encumbering or otherwise dealing with his interest in the property at 67 Margaret Crescent, South Dubbo, being the whole of the land in Folio identifier 24/246712.' 'Leave granted to the defendant to move to discharge the Mareva injunction for such reasons as the defendant...