16 Dec 2021
The affidavit supporting the originating application contained scandalous and irrelevant allegations against judges and counsel that rendered the proceeding plainly an abuse of process; accordingly, on referral under r 5.35A and pursuant to the powers in r 5.35B (and r 15.1), the Duty Judge properly struck out the proceeding before service.
22 Nov 2017
Funds paid into court were ordered to be disbursed to the applicant because the appeal would not be rendered nugatory by disbursement, the applicant and creditors would suffer substantial prejudice if funds were retained, and liquidators provided recorded undertakings to repay any amounts ordered by the Court of Appeal and to remove caveats once funds cleared.
28 May 2014
Removal of the sole executor/trustee was not warranted because the respondent's detailed undertakings to treat the Herne Bay property as an asset of the estate, to procure an independent market valuation, provide accounts, allow the beneficiaries purchase opportunities or sale and distribution of net proceeds, and to permit independent accounting oversight were adequate and expedient to protect beneficiaries' interests; consequently the Court made a conditional ('unless') order providing for replacement by the Public Trust only if the respondent did not confirm and implement those undertaking…
10 Jun 2013
Costs of $4,500 awarded to respondent calculated as one and a half days at $1,990 uplifted by 50% because the appeal was brought for an improper purpose (to delay the respondent's damages claim) and was abandoned immediately before submissions, acknowledging lack of merit; order to pay from security for costs held.
3 Oct 2012
The arrest order was discharged because the defendant acknowledged the seriousness of his conduct, had been in custody since 29 September 2012 which adequately marked his conduct, and provided specific undertakings (provide mobile number, meet Westpac representative to identify and return items, refrain from attending the property during mortgagee sale) making continued custody unnecessary.
10 Aug 2009
The application for an interim injunction was refused because the bonds had already been called (making restraint futile), Icon had a bona fide arguable claim to draw on the bonds (so injunction against a beneficiary requires fraud or knowledge of no right), the applicants failed to identify the specific investors or provide undertakings, and the bonds had been assigned to Westpac which could potentially repay.
6 Dec 2005
The application for a stay was refused because the trustees' appeal lacked strong prospects of success, the plaintiff would suffer continuing and injurious prejudice from further delay, and adequate protection for the trustees could be achieved by requiring a written undertaking from the plaintiff restricting disposal and limiting charges on the property pending appeal.