D’Cruz v Coutinho [2023] NSWSC 1221

D’Cruz v Coutinho [2023] NSWSC 1221

Although the application was finely balanced due to delay, the evidence of dishonesty by Mr Coutinho gave rise to a strong inference of a likelihood of dissipation of assets by the defendants, and the effect of the freezing order could be ameliorated by limiting it to a short period and returning the matter promptly for an inter partes hearing.

Jurisdiction
Australia
Judgment Date
18 September 2023
Procedural Posture
Equity Duty List; Civil Procedure Application for Freezing Orders / Urgent Ex Parte Notice of Motion Returnable Instanter
Outcome
Freezing order made on an urgent ex parte basis, limited to expire at 5.00pm on 22 September 2023 or until further order.
Legal Topics
['ex Parte Applications' 'freezing Orders' 'misleading or Deceptive Conduct' 'asset Preservation' 'abridgement of Time for Service']
['civil Procedure' 'equity' 'consumer Law'] ['ex Parte Applications' 'freezing Orders' 'misleading or Deceptive Conduct' 'asset Preservation' 'abridgement of Time for Service']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Duty List; Civil Procedure Application for Freezing Orders / Urgent Ex Parte Notice of Motion Returnable Instanter

Legal Issues

  1. 1 ['Whether leave should be granted to file the notice of motion, supporting affidavits and statement of claim on an urgent basis.' 'Whether time for service should be abridged and service permitted by email and express post.' 'Whether exceptional circumstances justified making freezing orders ex parte against the first to fifth defendants and associated companies.' 'Whether delay by the plaintiffs in bringing the proceedings and the freezing order application should prevent the making of freezing orders.']

Ratio Decidendi

Although the application was finely balanced due to delay, the evidence of dishonesty by Mr Coutinho gave rise to a strong inference of a likelihood of dissipation of assets by the defendants, and the effect of the freezing order could be ameliorated by limiting it to a short period and returning the matter promptly for an inter partes hearing.

Court Disposition

Freezing order made on an urgent ex parte basis, limited to expire at 5.00pm on 22 September 2023 or until further order.

Orders

  • ["Upon the undertaking of the plaintiffs' solicitor, Mr Azzi, to pay the applicable filing fee, the Court grants leave to the plaintiffs to file in court the Notice of Motion, the affidavit of Charbel Azzi sworn on 14 September 2023, the affidavit of Beryl Clotilda D'Cruz sworn on 14 September 2023, the affidavit of...