McLean v McLean

In the case of McLean v McLean, the parties were engaged in a dispute over the net proceeds of a property sale, with both sides seeking injunctive relief to prevent the other from accessing these funds. The case was heard in the Supreme Court of Queensland. The plaintiffs argued that they were entitled to the entirety of the sale proceeds, while the defendants contended that the plaintiffs had taken monies from a trust to which they were not entitled.

The primary legal issue before the court was whether an interlocutory injunction should be granted to either party to restrain the other from dealing with the net proceeds of the sale. The court had to weigh the respective claims of the plaintiffs and defendants and decide whether an injunction was warranted in the circumstances. The court considered the balance of convenience and the merits of the claims in determining whether to grant the injunctions.

The court found that both parties had made out a prima facie case for the relief sought. However, it was in the interests of justice to grant interlocutory relief to both parties. The court issued an injunction restraining both parties and their agents from dealing with the net proceeds of sale, save for certain specified purposes. These included the payment of expenses and liabilities, the allocation of one-third of the net proceeds to a fund for the plaintiffs and two-thirds to a fund for the defendants, and limited withdrawals from these funds for living expenses and legal costs. The court ordered that no transactions could be performed from these accounts without the joint signatures of the solicitors acting for each party. The parties were granted liberty to apply for further orders, and costs were reserved.

The court's orders effectively partitioned the net proceeds of sale into separate funds for the plaintiffs and defendants, with limited access for living expenses and legal costs, pending the final determination of the parties' claims.