Brunoro v Brunoro and Nebelund

1. The application for an injunction restraining the sale of the property at X Phillip Avenue, Watson, dated 24 July 2013, be refused.

1. Until further order, the second, third, and fourth respondents be required to hold the entirety of the proceeds of the sale of the property at X Phillip Avenue, Watson, in trust, pending any further order of the Court.
2. Costs be reserved.
3. The proceedings be adjourned for a period of two weeks to 9 August at 10 am.
4. This is an application by the plaintiff in this matter, Emile Brunoro, seeking orders that the second, third, and fourth defendants (respondents on the application) be restrained by way of injunction from permitting the sale of a property at Phillip Avenue in Watson; or, in the alternative, that the second, third, and fourth respondents be required to hold the entirety of the proceeds of the sale of the property at Phillip Avenue, Watson, in a trust account on behalf of the estate.
5. The estate which is referred to, as I understand it, is the estate of the late Bertha Brunoro. The claim, again, as I understand it, which is currently being pursued by the applicant is that, the late Bertha Brunoro, the mother of the applicant, died with a will in which she claimed an entitlement at that time to an equitable interest amounting to half of the property at Phillip Avenue. Leaving aside questions or issues which now do not seem to be pursued by the applicant, which have been raised in the Amended Statement of Claim, it appears that the applicant's claim is simply one under the (ACT).