Cheung and Cheung and Ors (No. 2)

Case

[2008] FamCA 1163

15 December 2008


Details
AGLC Case Decision Date
Cheung and Cheung and Ors (No. 2) [2008] FamCA 1163 [2008] FamCA 1163 15 December 2008

CaseChat Overview and Summary

In *Cheung and Cheung and Ors (No. 2)*, Jordan J of the Supreme Court of New South Wales considered an application by the Wife against the Husband concerning the registration of cautions against certain properties and the Husband's ability to depart Australia. The dispute centred on the Wife's desire to secure her interests in properties located at P Road and K Road by preventing their disposal without her consent, and to ensure the Husband's presence within Australia pending further court proceedings.

The court was required to determine whether to grant orders for the Husband to execute a power of attorney to facilitate the registration of cautions against specific property titles, thereby preventing dealings with those properties without the Wife's consent or further court order. Additionally, the court had to consider whether to impose an injunction restraining the Husband from leaving the Commonwealth of Australia until interim orders could be made, and to make consequential directions regarding his removal from the Airport Watch List.

Jordan J ordered that the Husband immediately sign documents appointing a Taiwanese lawyer as his Power of Attorney to enable the registration of cautions against the specified properties on P Road and K Road. The court further ordered that the Husband be restrained from departing Australia until 4:00 pm on 19 December 2008, pending the making of interim orders. Following this date, the court requested that the Australian Federal Police remove the Husband from the Airport Watch List, subject to any further orders. The Wife was granted liberty to apply in relation to these orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Stay of Proceedings

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