Wardlaw v Wardlaw [2020] NSWSC 1779

Wardlaw v Wardlaw [2020] NSWSC 1779

The balance of convenience favours the release of $12,000 from the net proceeds of sale to the plaintiff, as she is in urgent financial need, has a prima facie claim as a tenant in common, and such payment enables her to prosecute her claim and provide accommodation. The test for mandatory interlocutory injunctions...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Civil / Interlocutory Application for Mandatory Injunction
Outcome
Mandatory interlocutory injunction granted; interim relief awarded to plaintiff.
Legal Topics
['distribution of Proceeds' 'interlocutory Injunctions' 'property Co Ownership' 'balance of Convenience']
['equity' 'civil Procedure'] ['distribution of Proceeds' 'interlocutory Injunctions' 'property Co Ownership' 'balance of Convenience']

Source-derived case record

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Procedural Posture

Civil / Interlocutory Application for Mandatory Injunction

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an interim distribution of the sale proceeds' 'Test for mandatory interlocutory injunctions' 'Whether the balance of convenience favours interim relief']

Ratio Decidendi

The balance of convenience favours the release of $12,000 from the net proceeds of sale to the plaintiff, as she is in urgent financial need, has a prima facie claim as a tenant in common, and such payment enables her to prosecute her claim and provide accommodation. The test for mandatory interlocutory injunctions is the same as for prohibitory injunctions and the urgency and mutual history of financial benefit from the property supports relief.

Court Disposition

Mandatory interlocutory injunction granted; interim relief awarded to plaintiff.

Orders

  • ['Subject to the usual undertaking as to damages by the plaintiff, $12,000 of monies held in trust by Grahame Jackson & Associates in the names of plaintiff and defendant to be remitted to the plaintiff.' 'All questions of costs reserved.' 'Matter stood over to 20 November 2020 before the Registrar in Equity.'...