Turner v Universal Home Loans [2004] NSWSC 200

Turner v Universal Home Loans [2004] NSWSC 200

Since the application for a disclosure order was aimed at assisting the plaintiffs to determine whether prior asset preservation orders had been breached, rather than to support the effectiveness of those orders, it fell outside the proper jurisdictional basis and was dismissed.

Jurisdiction
Australia
Judgment Date
19 March 2004
Procedural Posture
Application / Interlocutory
Outcome
Application dismissed with costs
Legal Topics
['asset Preservation Orders' 'ancillary Disclosure Orders' 'mareva Orders' 'civil Procedure']
['equity'] ['asset Preservation Orders' 'ancillary Disclosure Orders' 'mareva Orders' 'civil Procedure']

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Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 ['Whether an ancillary disclosure order should be made to assist plaintiffs to ascertain whether defendants have breached asset preservation orders']

Ratio Decidendi

Since the application for a disclosure order was aimed at assisting the plaintiffs to determine whether prior asset preservation orders had been breached, rather than to support the effectiveness of those orders, it fell outside the proper jurisdictional basis and was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • ["Plaintiffs' application filed 8 March 2004 dismissed." 'Plaintiffs to pay first and second defendants’ costs of the application, including appearances on 12 February and 5 March 2004.']