KGL Health Pty Limited v Mechtler [2007] FCA 1410

KGL Health Pty Limited v Mechtler [2007] FCA 1410

The application failed because the applicants did not adduce sufficient evidence to establish a prima facie case or good arguable case: there was no evidence that the hospital works were unauthorised, that fire safety requirements were not met, that the premises could not be lawfully and safely occupied, that damage was caused by the alleged unauthorised works, or as to feasibility or cost of reinstatement. The solicitor's certificate under s 347 of the Legal Profession Act 2004 (NSW) did not supply that evidentiary foundation. The Court was also not satisfied that there was an appreciable or real risk that assets would be disposed of or removed so that any prospective judgment would not...

Jurisdiction
Australia
Judgment Date
12 September 2007
Procedural Posture
Application for Asset Preservation Order/freezing Order / Interlocutory Application
Outcome
The applicants' application for an asset preservation order was dismissed with costs.
Legal Topics
['asset Preservation Orders' 'freezing Orders' 'prima Facie Case' 'good Arguable Case' 'misleading or Deceptive Conduct' "directors' Duties"]
['practice and Procedure' 'corporations Law' 'consumer Law'] ['asset Preservation Orders' 'freezing Orders' 'prima Facie Case' 'good Arguable Case' 'misleading or Deceptive Conduct' "directors' Duties"]

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Procedural Posture

Application for Asset Preservation Order/freezing Order / Interlocutory Application

Legal Issues

  1. 1 ['Whether the applicants established a prima facie cause of action or good arguable case against the respondents.' 'Whether there was a danger that the respondents would dispose of or remove assets so that a prospective judgment debt would not be satisfied.' 'Whether the Court should exercise its discretion to grant an asset preservation order.']

Ratio Decidendi

The application failed because the applicants did not adduce sufficient evidence to establish a prima facie case or good arguable case: there was no evidence that the hospital works were unauthorised, that fire safety requirements were not met, that the premises could not be lawfully and safely occupied, that damage was caused by the alleged unauthorised works, or as to feasibility or cost of reinstatement. The solicitor's certificate under s 347 of the Legal Profession Act 2004 (NSW) did not supply that evidentiary foundation. The Court was also not satisfied that there was an appreciable or real risk that assets would be disposed of or removed so that any prospective judgment would not...

Court Disposition

The applicants' application for an asset preservation order was dismissed with costs.

Orders

  • ["The applicants' application for an asset preservation order be dismissed with costs."]