Xavier & Anor and Munoz & Anor

In the Supreme Court of New South Wales, Justice Rees considered an application by Xavier and another party (the applicants) against Munoz and another party (the respondents). The dispute concerned the potential dissipation of funds held by the second respondent, Ms Munoz.

The primary legal issue before the Court was whether to grant an interlocutory injunction restraining Ms Munoz from withdrawing, transferring, closing, dissipating, or alienating funds held in various accounts, including those in her name, variations of her name, and in the names of H Pty Limited and H Trust, as well as accessing specific bank accounts via email.

Justice Rees granted the interlocutory injunction, restraining Ms Munoz from dealing with the specified funds and accounts. The Court also directed that the matter be returnable before Justice Rees on a specified date, and made orders regarding the service of the application, supporting affidavits, and the injunction itself upon the respondents and the relevant banks. Leave was granted for service of the order on the Commonwealth Bank and Macquarie Bank Limited by email, with personal service also required.