Wei Li Qu v Anna Xue Kuang [2007] NSWSC 514

Wei Li Qu v Anna Xue Kuang [2007] NSWSC 514

An interlocutory injunction is warranted as the plaintiff has a prima facie case and there is an available inference, based on the defendant’s conduct and lack of evidence, that she may deal with her interest in the Auburn property to frustrate a judgment. The grant of injunction is necessary to preserve the status quo and minimise risk of damage.

Parties
Plaintiff: Wei Li Qu; Defendant: Anna Xue Kuang
Jurisdiction
Australia
Judgment Date
02 May 2007
Procedural Posture
Equity Proceeding / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction granted with modified terms
Legal Topics
Interlocutory Injunctions, Preservation of Property, Abuse of Process, Caveats
Equity Interlocutory Injunctions Preservation of Property Abuse of Process Caveats

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Parties

Wei Li Qu

Plaintiff

Anna Xue Kuang

Defendant

Procedural Posture

Equity Proceeding / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether to grant an interlocutory injunction restraining the defendant from dealing with her interest in property at 39 Simpson Street, Auburn pending the final determination of these proceedings
  2. 2 Whether there is a real risk the defendant may deal with assets so as to frustrate a judgment

Ratio Decidendi

An interlocutory injunction is warranted as the plaintiff has a prima facie case and there is an available inference, based on the defendant’s conduct and lack of evidence, that she may deal with her interest in the Auburn property to frustrate a judgment. The grant of injunction is necessary to preserve the status quo and minimise risk of damage.

Court Disposition

Interlocutory injunction granted with modified terms

Orders

  • Until further order, the defendant and her agents must not deal with her interest in property at 39 Simpson Street, Auburn, folio 1/960273 without (a) first having given ten days' notice in writing to the plaintiff of her intention; (b) the written consent of the plaintiff; or (c) further order of the court.
  • Liberty to apply on three days' notice.