Touma v Saparas

The Full Court of the Supreme Court of Western Australia considered an appeal by Touma against Saparas concerning a Mareva injunction. The dispute arose from a judgment obtained by Saparas against Touma in the District Court. Touma sought to appeal the decision to grant the Mareva injunction, but the Full Court found no issue with the principle upon which the injunction was granted.

The primary legal issue before the Full Court was whether the Mareva injunction, which had been granted by the District Court, should be continued. This involved an assessment of whether the requirements for granting such an injunction were met in the circumstances of the case.

The Full Court determined that the District Court had correctly applied the principles governing Mareva injunctions. The court found no error in the decision to grant the injunction, implicitly accepting that there was a real risk of dissipation of assets by Touma, which would frustrate the enforcement of the judgment obtained by Saparas. Consequently, the appeal was dismissed.

The Full Court ordered that the appeal be dismissed with costs. The Mareva injunction granted in the District Court was ordered to continue in force until the judgment obtained by Saparas was satisfied.