Australian Receivables Ltd v Tekitu Pty Ltd & 2 ors

[2008] NSWSC 433

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Injunctions
2. › interlocutory injunctions
3. › to preserve subject matter of proceedings
4. › distinction from Mareva injunction
5. › where plaintiff has strongly arguable claim to beneficial entitlement to fund
6. › where defendant has arguable set-off
7. › whether set-off available
8. › balance of convenience.
1. Injunctions
2. › Mareva injunctions
3. › where restraint in respect of only some and not all of defendant’s assets
4. › where injunction only restrains dispositions without notice
5. › whether exception should be permitted for legal and living expenses.
1. Injunctions
2. › undertaking as to damages
3. › whether sufficient notice to require plaintiff to show capacity to pay
4. › evaluating potential risk of damage.