Chacos v Dijan & Ors [2003] NSWSC 821

Chacos v Dijan & Ors [2003] NSWSC 821

The plaintiff was entitled to limited Mareva-type injunctive relief because he established a prima facie case concerning the option agreement and a real risk that the funds in the defendants' lawyers' trust account would be disbursed, leaving no apparent assets from which any judgment could be satisfied; the balance of convenience favoured preserving those funds while allowing exceptions and liberty to apply.

Jurisdiction
Australia
Judgment Date
29 August 2003
Procedural Posture
Application for Mareva Orders / Interlocutory Notice of Motion
Outcome
Limited injunctive relief granted; costs reserved.
Legal Topics
['mareva Orders' 'injunctive Relief' "lawyer's Trust Account" 'prima Facie Case' 'balance of Convenience']
['civil Procedure' 'equity'] ['mareva Orders' 'injunctive Relief' "lawyer's Trust Account" 'prima Facie Case' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Mareva Orders / Interlocutory Notice of Motion

Legal Issues

  1. 1 ['Whether the plaintiff established a prima facie cause of action against the defendants in relation to the property call and put option agreement.' 'Whether there was a danger that the defendants would remove, dispose of or otherwise deal with assets so that any judgment obtained by the plaintiff would not be satisfied.' 'Whether injunctive relief should be granted despite deficiencies in the notice of motion and evidence, and if so on what limited terms.']

Ratio Decidendi

The plaintiff was entitled to limited Mareva-type injunctive relief because he established a prima facie case concerning the option agreement and a real risk that the funds in the defendants' lawyers' trust account would be disbursed, leaving no apparent assets from which any judgment could be satisfied; the balance of convenience favoured preserving those funds while allowing exceptions and liberty to apply.

Court Disposition

Limited injunctive relief granted; costs reserved.

Orders

  • ['The plaintiff was granted leave to amend his notice of motion so as to claim relief in respect of the balance held on trust for the defendants in the trust account of their lawyers, CC Law of 30 Bougainville Street, Manuka in the Australian Capital Territory.' 'The defendants and each of them were restrained from,...