Morse v Riley (No 3) [2014] NSWSC 236

Morse v Riley (No 3) [2014] NSWSC 236

Given the evidence that the first defendant transferred assets in circumstances suggesting intent to defeat the plaintiffs' claim and did not contest the application, there is a strong case justifying orders requiring full disclosure of his assets and related transactions.

Parties
First Plaintiff: Joanna Louise Morse; Second Plaintiff: Joanna Chapman Investments Pty Ltd; First Defendant: Michael Thomas Riley; Second Defendant: Julianne Riley; Cross Defendant: LawCover Insurance Pty Ltd
Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Interlocutory Applications / Ex Tempore Judgment on Application for Asset Preservation and Disclosure Orders
Outcome
Orders made for disclosure of asset information by the first defendant, with procedural directions for objections on privilege grounds and liberty to apply granted.
Legal Topics
Asset Preservation Order, Disclosure of Information, Interlocutory Application
Common Law Asset Preservation Order Disclosure of Information Interlocutory Application

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Parties

Joanna Louise Morse

First Plaintiff

Joanna Chapman Investments Pty Ltd

Second Plaintiff

Michael Thomas Riley

First Defendant

Julianne Riley

Second Defendant

LawCover Insurance Pty Ltd

Cross Defendant

Procedural Posture

Interlocutory Applications / Ex Tempore Judgment on Application for Asset Preservation and Disclosure Orders

Legal Issues

  1. 1 Whether an order for disclosure of asset information should be made against the first defendant after alleged dissipation of assets
  2. 2 Whether the court should require information concerning assets disposed of prior to the order

Ratio Decidendi

Given the evidence that the first defendant transferred assets in circumstances suggesting intent to defeat the plaintiffs' claim and did not contest the application, there is a strong case justifying orders requiring full disclosure of his assets and related transactions.

Court Disposition

Orders made for disclosure of asset information by the first defendant, with procedural directions for objections on privilege grounds and liberty to apply granted.

Orders

  • First defendant to swear and serve affidavit setting out all assets worldwide, including value, location, details and encumbrances, and assets disposed of in last 24 months except ordinary living expenses up to $1000 per week; value of shares in Altroy Pty Limited; identity and value of Altroy Pty Ltd’s assets.
  • First defendant to produce documents relating to any change of status of Altroy Pty Limited to a superannuation trustee company to the plaintiffs’ solicitor.