Bodor v Heal (2005)
A claimant was entitled to the continuation of interim relief until trial subject to fortifying her cross undertaking in damages.
The claimant (B) applied to continue interim relief until trial. B, a venture capitalist, and the defendant (H), a property developer, had been in a relationship. B alleged that they had also been equal partners in a property development business which had bought a number of properties. The relationship broke down and the parties disagreed as to B's interest in the properties. B obtained a freezing injunction over certain of H's assets and an injunction restraining H from dealing with certain shares. B sought to continue the relief to trial. H argued that B had shown no arguable claim to the relief sought, had provided no evidence that B would dissipate his assets and had not shown that there was sufficient backing for H's cross undertaking in damages.
The evidence on the instant application supported B's contention that the property development business had been a joint enterprise and that her role went well beyond that of an administrative assistant. B was entitled to have the interim relief continued until trial subject to fortifying her cross undertaking in damages.