Slater v Conley [2022] NSWSC 1053

Slater v Conley [2022] NSWSC 1053

There is a prima facie case for relief as evidence supports the existence of binding orders and/or an agreement regarding settlement amount, and the balance of convenience favours preserving trust funds by restraining the defendant's withdrawal pending determination.

Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Interlocutory Application / Ex Parte Urgent Injunction
Outcome
Ex parte interlocutory injunction granted
Legal Topics
['interlocutory Injunctions' 'trust Accounts' 'lien' 'family Court Orders' 'settlement Deed']
['equity'] ['interlocutory Injunctions' 'trust Accounts' 'lien' 'family Court Orders' 'settlement Deed']

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Procedural Posture

Interlocutory Application / Ex Parte Urgent Injunction

Legal Issues

  1. 1 ['Whether the defendant should be restrained from paying himself the sum of $201,017.68 held in trust for the plaintiff' 'Whether a prima facie case for interlocutory relief exists' 'Interpretation and effect of Family Court orders and draft deed of release']

Ratio Decidendi

There is a prima facie case for relief as evidence supports the existence of binding orders and/or an agreement regarding settlement amount, and the balance of convenience favours preserving trust funds by restraining the defendant's withdrawal pending determination.

Court Disposition

Ex parte interlocutory injunction granted

Orders

  • ['Solicitor for the plaintiff undertakes to pay the filing fee for any document for which leave to file is granted.' 'Plaintiff granted leave to file summons, witness statement, and exhibit DZ1 in Court.' 'Usual undertaking as to damages given on behalf of plaintiff.' 'Summons returnable immediately.' 'Order...