Borman and Hunter (No. 2)

In *Borman and Hunter (No. 2)*, Hogan J of the Supreme Court of Victoria considered an application by Ms Hunter for release from an undertaking she had given to Mr Borman. The dispute concerned the ability of Ms Hunter to withdraw funds from a specific bank account.

The central legal issue before the Court was whether Ms Hunter should be released from the undertaking she had provided to Mr Borman, which restricted her access to funds in the B Bank account.

Hogan J reasoned that the undertaking, given in correspondence between legal representatives, was causing undue hardship to Ms Hunter. The Court applied principles relating to the enforcement and potential release of undertakings given in legal proceedings, considering the practical implications for the parties. The Court determined that it was appropriate to grant Ms Hunter relief from the undertaking.

Consequently, Hogan J ordered that Ms Hunter be released from the undertaking to Mr Borman, permitting her to withdraw up to $275,000.00 from the B Bank account number #31, subject to the formal entry of the order in the Court's records.