Re JA and JM [2012] NSWCA 309

Re JA and JM [2012] NSWCA 309

The relief was refused because the evidence did not establish a serious question to be tried as to any basis for setting aside or reviewing the mortgage under the Contracts Review Act, and because the interlocutory relief was sought in support of a summons seeking leave to appeal from a practice and procedure decision with insufficient prospects of success.

Jurisdiction
Australia
Judgment Date
21 September 2012
Procedural Posture
Interlocutory Application / Urgent Ex Parte Application in the Court of Appeal for Interlocutory Relief in Support of a Summons Seeking Leave to Appeal From an Order of Nicholas J
Outcome
Oral application dismissed.
Legal Topics
['appointment of Financial Manager' 'enduring Powers of Attorney' 'interlocutory Injunction' 'serious Question to Be Tried' 'leave to Appeal' 'contracts Review Act Relief' 'anonymisation']
['equity and Trusts' 'civil Procedure' 'contracts'] ['appointment of Financial Manager' 'enduring Powers of Attorney' 'interlocutory Injunction' 'serious Question to Be Tried' 'leave to Appeal' 'contracts Review Act Relief' 'anonymisation']

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Procedural Posture

Interlocutory Application / Urgent Ex Parte Application in the Court of Appeal for Interlocutory Relief in Support of a Summons Seeking Leave to Appeal From an Order of Nicholas J

Legal Issues

  1. 1 ['Whether the Court should vacate the decision of Nicholas J.' 'Whether the Court should appoint the New South Wales Trustee and Guardian as financial manager of the estates of JA and JM.' 'Whether the Court should delay or restrain the auction of the Zetland property pending investigation of possible relief under the Contracts Review Act.' 'Whether there was a serious question to be tried about setting aside or reviewing the mortgage under the Contracts Review Act.' 'Whether interlocutory relief should be granted in support of a summons seeking leave to appeal from an interlocutory practice and procedure decision.']

Ratio Decidendi

The relief was refused because the evidence did not establish a serious question to be tried as to any basis for setting aside or reviewing the mortgage under the Contracts Review Act, and because the interlocutory relief was sought in support of a summons seeking leave to appeal from a practice and procedure decision with insufficient prospects of success.

Court Disposition

Oral application dismissed.

Orders

  • ['Direct that the name of the file be anonymised and that the matter be known as Re JA and JM.' 'Order that the oral application made by Ms A be dismissed.']