Goumas v McIntosh

The dispute in Goumas v McIntosh involved the applicant seeking a Mareva order against the respondent to restrain them from disposing of funds held in their bank account. The case was heard in the Supreme Court of Queensland. The applicant, Goumas, sought the order to secure potential judgment debts, claiming the respondent had assets within the jurisdiction that could be used to satisfy any judgment. The respondent, McIntosh, opposed the application on the grounds that an absolute order would cause undue hardship and that a more measured approach would be appropriate.

The primary legal issue before the court was whether an absolute Mareva order should be granted without any exceptions or limitations. The court had to balance the applicant's need to secure potential judgment debts against the respondent's right to access funds necessary for their living expenses. Specifically, the court needed to determine if it was desirable to set a weekly maximum for the respondent's living expenses and whether an order in absolute terms was warranted.

The court held that while the applicant had demonstrated a strong likelihood of success in their claim, the respondent had no other assets available to meet their expenses. The court found that setting a weekly maximum for living expenses was desirable to ensure the respondent's basic needs were met. However, given the evidence presented, the court concluded that an absolute Mareva order was not warranted. Instead, the court issued an order restraining the respondent from disposing of the funds, with specific allowances for living expenses.

The final orders of the court provided that the respondent was restrained from disposing of the funds in the specified bank account, subject to certain allowances for living expenses. The court set a weekly maximum for these expenses, considering the respondent's lifestyle and financial circumstances. This decision aimed to protect the applicant's potential judgment while also ensuring the respondent could maintain a reasonable standard of living.