Withers and Russell and Anor

The application concerned an application for interlocutory relief brought by Mr Withers against Ms Russell and Ms B Russell. The court was asked to make orders restraining the respondents from dealing with certain funds held in accounts with the National Australia Bank.

The primary legal issue before the court was whether to grant an interlocutory injunction restraining the respondents from dealing with specified bank accounts. This involved considering the principles governing the grant of such relief, including the likelihood of success in the substantive proceedings and the balance of convenience.

Rees J determined that the application should be heard ex parte, indicating that the applicant had satisfied the court that there were grounds for proceeding without the respondents being present or having been served. The court then made orders restraining Ms Russell and Ms B Russell from dealing with funds in the specified National Australia Bank accounts pending further order. The court also made directions regarding the service of documents and the listing of the matter for mention.