Wonway Marketing Group Pty Ltd v Fritona Pty Ltd & Anor [2005] NSWSC 961

Wonway Marketing Group Pty Ltd v Fritona Pty Ltd & Anor [2005] NSWSC 961

The Plaintiff failed to establish a serious question to be tried as to present entitlement to the trust fund because any trust created was conditional upon commencing proceedings within a reasonable time, which the Plaintiff failed to do after inordinate and unexplained delay; additionally, the balance of convenience did not favour granting interlocutory relief.

Parties
Plaintiff: Wonway Marketing Group Pty Ltd; First Defendant: Fritona Pty Ltd; Second Defendant: Maurice May; Third Party: GM Computers / Mr Mekrizis
Jurisdiction
Australia
Judgment Date
21 September 2005
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Application for interlocutory relief refused. Plaintiff to pay Defendants' costs on party/party basis.
Legal Topics
Interlocutory Injunction, Delay, Trust Account, Debt, Title to Goods
Equity Interlocutory Injunction Delay Trust Account Debt Title to Goods

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Parties

Wonway Marketing Group Pty Ltd

Plaintiff

Fritona Pty Ltd

First Defendant

Maurice May

Second Defendant

GM Computers / Mr Mekrizis

Third Party

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether interlocutory injunction should restrain distribution of fund in solicitor's trust account pending litigation to establish title to equipment
  2. 2 Whether the funds are held on trust for the Plaintiff
  3. 3 Whether delay precludes the grant of interlocutory relief

Ratio Decidendi

The Plaintiff failed to establish a serious question to be tried as to present entitlement to the trust fund because any trust created was conditional upon commencing proceedings within a reasonable time, which the Plaintiff failed to do after inordinate and unexplained delay; additionally, the balance of convenience did not favour granting interlocutory relief.

Court Disposition

Application for interlocutory relief refused. Plaintiff to pay Defendants' costs on party/party basis.

Orders

  • Leave granted to Plaintiff to file Summons as initialled and placed with the papers.
  • Affidavit of Mr Kritas given leave to file.