6 Aug 2012
PERRIAM V WILKES & ORS HC AK CIV 2009-425-000284
- Citation
- openlaw-f3ef24ea_b250_4331_b15e_1fba4d37dda9.pdf
- Court
- High Court
The restraining order was discharged because the plaintiff failed to particularise any tenable claim that the restrained funds were relationship or separate property; the restrained funds were shown to be held at the direction of the son in his capacity as trustee/director rather than as the father's personal property, and absent evidence of transfer of relationship/separate property into the trust or companies there was no basis to continue the restraint; the judge recalled part of his earlier judgment to correct a misapprehension about an alleged concession by counsel.
- Property (relationships) act 1976
- Restraining order under s43
- Recall of judgment r11.9 high court rules
- Trust assets vs spouse property
- Joinder and strike out