First Industry Corp v Goh

Case

[2002] WASC 111


Details
AGLC Case Decision Date
First Industry Corp v Goh [2002] WASC 111 [2002] WASC 111

CaseChat Overview and Summary

First Industry Corp sought either a mareva or an interlocutory injunction against the second defendant, Patricia Ai-Tuan Goh, and the fourth defendant, Everwise Pty Ltd, to restrain them from disposing of certain assets of the first defendant, Bean San Goh. The plaintiff alleged that the first defendant had transferred property to his wife with the intention of defeating his creditors. The plaintiff further sought an injunction to restrain the second defendant from dealing with assets up to a value of $183,072.00. The court had to determine whether the plaintiff had made out a case for relief against the second and fourth defendants. The court noted that the plaintiff had failed to show that the second defendant intended to dissipate assets, and therefore dismissed the claim for a mareva order against her. The court found that there was no evidence to support the claim for an injunction against the fourth defendant either. Regarding the Allenby Road property, the court held that there was a serious question to be tried about whether the transfer was made with the intention to defraud creditors. The court granted an injunction to restrain the second defendant from dealing with more than a half-share in the Allenby Road property. The court dismissed the plaintiff's application in all other respects.
Details

Areas of Law

  • Property Law

Legal Concepts

  • Fiduciary Duty

  • Breach of Contract

  • Alienation of Property

  • Intent to Defeat Creditors

  • Voidable Transactions

  • Tracing of Property

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

34

Crouch v Adams [2006] NSWSC 1029
Cases Cited

19

Statutory Material Cited

0

First Industry Corp v Goh [2002] WASC 68