Cornock v Foster [2006] NSWSC 71

Cornock v Foster [2006] NSWSC 71

Plaintiff established a good arguable case for entitlement to costs, a real risk defendant may not pay from property proceeds, and balance of convenience supports interlocutory relief; however, no orders will be made until further information about the property sale and involved parties is produced.

Jurisdiction
Australia
Judgment Date
06 February 2006
Procedural Posture
Equity / Interlocutory Hearing for Mareva Orders
Outcome
Matter stood over for plaintiff to provide information about sale of Newport property and relevant third parties.
Legal Topics
['mareva Orders' "solicitor's Costs" 'family Court Proceedings' 'interim Remedies']
['equity'] ['mareva Orders' "solicitor's Costs" 'family Court Proceedings' 'interim Remedies']

Case Brief

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Procedural Posture

Equity / Interlocutory Hearing for Mareva Orders

Legal Issues

  1. 1 ["Whether Mareva orders should be made to restrain defendant from receiving proceeds sufficient to cover solicitor's costs" 'Whether plaintiff has a good arguable case for entitlement to unpaid professional costs' 'Whether balance of convenience and prejudice to defendant support interlocutory relief']

Ratio Decidendi

Plaintiff established a good arguable case for entitlement to costs, a real risk defendant may not pay from property proceeds, and balance of convenience supports interlocutory relief; however, no orders will be made until further information about the property sale and involved parties is produced.

Court Disposition

Matter stood over for plaintiff to provide information about sale of Newport property and relevant third parties.

Orders

  • ['Matter stood over for short period to enable information to be placed before court.']