Royal v El Ali, in the matter of the bankrupt estate of El Ali [2013] FCA 923

Royal v El Ali, in the matter of the bankrupt estate of El Ali [2013] FCA 923

Given the apparent breaches of Supreme Court freezing orders and the urgency surrounding potential dissipation of proceeds, the applicants have shown sufficient colour of right for a limited freezing order and for leave to proceed against the relevant respondents, at least until the matter can be further heard.

Jurisdiction
Australia
Judgment Date
11 September 2013
Procedural Posture
Application for Leave to Proceed and Freezing Order / Interlocutory Application; Orders Made
Outcome
Leave to proceed granted; limited freezing order granted; costs reserved.
Legal Topics
['freezing Order' 'leave to Proceed Against Bankrupt' 'breach of Freezing Orders']
['bankruptcy' 'practice and Procedure'] ['freezing Order' 'leave to Proceed Against Bankrupt' 'breach of Freezing Orders']

Case Brief

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Procedural Posture

Application for Leave to Proceed and Freezing Order / Interlocutory Application; Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to proceed against the bankrupt and other respondents' 'Whether a limited freezing order should be granted against the proceeds of sale of property']

Ratio Decidendi

Given the apparent breaches of Supreme Court freezing orders and the urgency surrounding potential dissipation of proceeds, the applicants have shown sufficient colour of right for a limited freezing order and for leave to proceed against the relevant respondents, at least until the matter can be further heard.

Court Disposition

Leave to proceed granted; limited freezing order granted; costs reserved.

Orders

  • ['Leave granted to applicants to proceed against first respondent.' 'Leave granted to applicants to proceed against second, third, and fourth respondents to extent necessary.' 'First respondent restrained from removing, transferring, disposing of, dealing with or diminishing in value the proceeds of sale of 1 Sirius...