Young v Hones (No.5) [2016] NSWSC 822
Ms Young failed to demonstrate that she has an arguable case for damages in prospective proceedings, failed to provide evidence of prejudice or financial position, and the balance of convenience favours the respondents; accordingly, the application for restraining orders is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 21 June 2016
- Procedural Posture
- Notice of Motion / Application for Restraining Order on Enforcement of Costs Order
- Outcome
- Notice of Motion dismissed
- Legal Topics
- ['restraining Orders' 'enforcement of Costs' 'stay of Proceedings' 'bankruptcy' "advocate's Immunity" 'witness Immunity']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Notice of Motion / Application for Restraining Order on Enforcement of Costs Order
Legal Issues
- 1 ['Whether the Court has power to make the restraining order under Civil Procedure Act 2005 s 135' 'Whether enforcement steps under Bankruptcy Act can be restrained' 'Whether applicant has an arguable case in prospective proceedings against respondents' 'Whether applicant would suffer prejudice if restraining order not made' 'Whether balance of convenience favours making the restraining order']
Ratio Decidendi
Ms Young failed to demonstrate that she has an arguable case for damages in prospective proceedings, failed to provide evidence of prejudice or financial position, and the balance of convenience favours the respondents; accordingly, the application for restraining orders is dismissed.
Court Disposition
Notice of Motion dismissed
Orders
- ['Notice of Motion dated 7 June 2016 dismissed.' "Applicant to pay the Respondents' costs."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment