Mohana-Reslan v Halvajieff

Mohana-Reslan sought an interim preservation order from the Supreme Court of New South Wales against Halvajieff to prevent him from disposing of his assets during the pendency of their proceedings. Mohana-Reslan alleged that Halvajieff had listed his properties for sale by auction without notifying Mohana-Reslan, despite being aware of their claim. The court had to determine whether an injunction should be granted to restrain Halvajieff from selling or otherwise disposing of his assets.

The court found that Mohana-Reslan had made out a prima facie case for the grant of an interim preservation order. The evidence showed that Halvajieff had listed his properties for auction without Mohana-Reslan's knowledge, indicating a risk that he might dissipate his assets and defeat their claim. The court accepted that Mohana-Reslan was likely to succeed in their proceedings and that Halvajieff's conduct posed a real risk of prejudice to their rights. Therefore, the court granted the injunction, restraining Halvajieff from selling or otherwise disposing of his assets pending the final resolution of the proceedings. The court also ordered the immediate cancellation of the auction for the property at 7 Bestic Street, Rockdale.

These orders were made to protect Mohana-Reslan's rights as a judgment creditor or prospective judgment creditor. The court stood over the proceedings for further mention to allow the parties to resolve the matter or proceed with the trial. Service of the orders was to be effected by email to the relevant parties, and costs were reserved for later determination. The parties were granted liberty to restore on one day's notice.