EQUITY - trusts and trustees - proceedings between trustees and beneficiaries or third parties
› beneficiary of sub-trust seeks appointment of receiver to property of trustee
› defendants propose interim appointment of new independent trustees
› balance of convenience favours this course
› notice of motion stood over for arrangements to be made
EQUITY - equitable remedies
› injunctions
› freezing orders sought against the first, second and third
› undertakings made by first, second and third defendants to the court
› undertakings offered from first and second defendants provide the same protection as freezing orders sought
› restraining order made against third defendant
EQUITY - equitable remedies
› injunctions
› plaintiff seeks order requiring affidavits of discovery
› narrower order made subject to the third defendant being entitled to object to making an affidavit on the ground of privilege against self-incrimination or self-exposure to a penalty
EQUITY - equitable remedies
› injunctions
› mandatory injunction sought that second defendant repay money to first defendant
› plaintiff does not point to any loss he will suffer if the relief is not made until final determination
› balance of convenience does not favour granting the orders sought
Case Details
Citation[2009] NSWSC 393
CourtNSWSC
JurisdictionNew South Wales
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