24 May 2016
Given the strict automatic lapsing consequences under s145A and the risk to any equitable interest if the caveat lapses, and with the respondent not opposing preservation, the Court must grant an interim order preserving the caveat and list a substantive hearing to determine the merits.
3 May 2012
The disputed transaction was between companies (the plaintiff and the second defendant) not between spouses or between spouses and third parties; company assets are distinct from shareholders' relationship property; s 4 of the PRA does not engage and does not transfer exclusive jurisdiction to the Family Court over tort/equitable claims by a company for its assets; therefore the High Court has jurisdiction and the defendants' appearance objecting to jurisdiction was set aside.
4 Mar 2008
The Court granted interim leave under s 248 Companies Act 1993 for the plaintiff to continue proceedings to exercise or enforce its charging order against the $251,652.52 fund held in the Legal Planit.BIZ trust account and ordered that the sum and accrued interest be paid forthwith into Court to be held on interest bearing deposit until further order, while reserving further directions and timetable for the substantive application.