Event and Time
Event Description
In the case concerning the Krupin family, Justice Howard delivered ex tempore reasons for judgment on May 17, 2023, regarding an application for interlocutory injunctions in relation to family property. The case involves competing legal claims concerning three properties, and issues surrounding the directorship and shareholding of B Pty Ltd, which is the trustee of the Krupin Family Trust.
Application and Claims
- The applicant, Mr. Krupin, seeks injunctions to prevent the transfer or sale of certain properties and shares of B Pty Ltd, based on allegations of intended asset disposal to defeat potential judgments in substantive proceedings.
- Both parties do not oppose the injunctions, leading to a conclusion that serious questions exist to be tried regarding the factual circumstances surrounding property ownership and directorship.
Judicial Decisions
- Orders and injunctions were made to prevent any dealings involving the properties and directorship of B Pty Ltd, given the prima facie evidence of intent to dispose of assets to affect the outcome of ongoing legal proceedings.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Claims:
- Allegation that the applicant husband removed the wife from directorship of B Pty Ltd without her consent. - The husband asserts his right as the appointor of the trust to act regarding B Pty Ltd but provides potentially insufficient evidence regarding the removal of the wife as a shareholder and director. - Claims of contrived actions to prevent any judgments against him in the future.
- Respondent’s Claims:
- The wife, Ms. Krupin, contests the legality of her removal from directorship and the alleged share transfer as occurring without her knowledge or consent. - There are assertions regarding the lack of proper legal basis for the husband’s actions against her interests.