Pretswell (deceased) and Pretswell

Case

[2019] FamCA 395

4 July 2019


Details
AGLC Case Decision Date
Pretswell (deceased) and Pretswell [2019] FamCA 395 [2019] FamCA 395 4 July 2019

CaseChat Overview and Summary

In the matter of *Pretswell (deceased) and Pretswell*, Harper J of the Supreme Court of New South Wales considered an application by an Administrator. The dispute concerned the property located at F Street, Suburb D, New South Wales, and the Administrator's proposed actions regarding this asset.

The primary legal issue before the Court was whether the Administrator should be permitted to dispose of, encumber, or otherwise deal with the property at F Street, Suburb D. The Court was also required to determine the appropriate orders to be made concerning the Administrator's application and the costs associated with it.

Harper J dismissed the Administrator's application, thereby restraining the Administrator from dealing with the property pending further order or final determination of the proceedings. The Court reserved the question of the wife's costs in relation to the Administrator's application.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Stay of Proceedings

Actions
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Cases Citing This Decision

3

DELRIO & JINDRA (No.2) [2020] FCCA 2234
SALTZER & PACEK (No.3) [2020] FCCA 1381
Jensen & Jensen [2022] FedCFamC2F 1190
Cases Cited

28

Statutory Material Cited

3

Stanford v Stanford [2012] HCA 52