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  • Unreported Judgment

Morozak-Smith v Ryan

 

[2004] QSC 250

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

No 305 of 2004

KATHRYN MOROZAK-SMITH

Plaintiff

and

 

GORDON RYAN AKA GORDON SMELLIN AKA GORDON BATES

First Defendant

and

 

JAMES SMELLIN

Second Defendant

CAIRNS

DATE 30/06/2004

JUDGMENT

HIS HONOUR: The plaintiff in an application filed this day seeks to restrain the second defendant from removing from the jurisdiction of this Court, or in any way dealing with, moneys which may have been deposited by, on behalf of, or for the benefit of the first defendant in accounts with the St George Bank Limited or the Bank of South Australia.

This application is made additionally to and in support of orders that I made on the 28th day of June 2004 where a similar order was made against the first defendant in respect of his property generally.

The first defendant has realised assets which prima facie were the joint assets of the plaintiff and the first defendant, or at least assets in respect of which the plaintiff may argue that she had an interest. The whereabouts of the first defendant are not known, and for that reason orders for substituted service were made in respect of the injunctive and mareva type orders made on the 28th of June 2004.

The new order is sought based on information contained in the plaintiff's affidavit filed on the 30th of June 2004 which information gives rise to a belief in the plaintiff that the first defendant may have operated on an account at the St George Bank in Cairns which may be in his name, or indeed in the name of his son, James Smellin, the second defendant. The history relied upon to justify that belief is the fact that for some years in the past the first defendant maintained and deposited funds into an investment account in the name of the second defendant held at either the St George Bank or the Bank of South Australia.

The affidavit is made on an ex parte basis to extend the injunctive and mareva type relief to such funds in the account of the second defendant which may have been deposited by or on behalf of or for the benefit of the first defendant. It is not intended to in any way restrain the second defendant from dealing with moneys that were otherwise deposited to his account.

Because the orders are sought on an interim basis, I will impose the restraint only until 4 p.m. on the 7th of July 2004, and will adjourn the matter for further hearing to 10 a.m. on that date. It is expected that the second defendant can be served within that time, but failing service on him personally I will entertain an application for substituted service giving the plaintiff liberty to apply in respect of that matter. Otherwise my orders will be in the terms of the draft initialled by me and placed with the papers.

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Editorial Notes

  • Published Case Name:

    Kathryn Morozak-Smith v Gordon Ryan

  • Shortened Case Name:

    Morozak-Smith v Ryan

  • MNC:

    [2004] QSC 250

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    30 Jun 2004

Litigation History

No Litigation History

Appeal Status

No Status