Tjiong v Tjiong

The parties in this case were Tjiong and Tjiong, with the dispute concerning an application for an interlocutory injunction to preserve property pending the determination of rights. The matter was heard in the Supreme Court of Queensland. The central legal issue before the court was whether the applicant had demonstrated a sufficiently strong case on the evidence to justify the grant of a Mareva injunction, which restrains a defendant from disposing of their assets.

The court considered the nature of the evidence required to grant such an injunction and the standard of proof necessary. It found that the applicant had to establish a prima facie case that the defendant had assets within the jurisdiction which might be dissipated to defeat or impair the satisfaction of any judgment that might be entered against the defendant. The court held that the standard of proof for such an application is on the balance of probabilities, which is a lower standard than that required for a final determination of the case. The applicant needed to show that it was more likely than not that the defendant had assets that could be dissipated.

The court concluded that the applicant had provided sufficient evidence to meet the required standard of proof. It found that there was a serious question to be tried and that the balance of convenience favoured the grant of the injunction. Consequently, the court ordered that the Mareva injunction be granted, restraining the defendant from disposing of specified assets until the final determination of the proceedings. The injunction was to remain in force pending the final determination of the case or until further order of the court.