Irwin v Pamplin

Irwin sought an interlocutory injunction to prevent the defendants from dealing with assets held in their names, alleging they were holding the assets in trust for her. The case was heard by the Supreme Court of New South Wales. The dispute centred on the establishment of a trust over certain assets, including real property and company shares, which were held by a natural person and companies allegedly acting as trustees. The primary legal issues before the court were whether a prima facie case had been made out, the balance of convenience favoured the plaintiff, and whether the defendants' actions constituted a significant delay in the proceedings.

The court found that a prima facie case for the existence of a trust had been established. It was evident that the plaintiff had a strong case on the merits. The court also considered the balance of convenience and concluded that it favoured the plaintiff, given the potential for significant prejudice if the assets were dissipated. Additionally, the court found that the defendants' actions had caused a significant delay, which further supported the grant of an interlocutory injunction. Consequently, the court issued an interlocutory injunction against the natural person, preventing her from dealing with the assets held in her name, including company shares. However, the court refused to grant an interlocutory injunction against the companies, finding that they were not directly responsible for the delay. The court did, however, issue a limited interlocutory injunction against the exercise of powers as trustee by the companies.

The final orders of the court included an interlocutory injunction against the natural person dealing with the assets and a limited interlocutory injunction against the companies exercising their powers as trustees. This decision provided a temporary measure to protect the plaintiff's interests pending the final determination of the case.