Sayer v Tomanovic [2015] NSWSC 1025

Sayer v Tomanovic [2015] NSWSC 1025

The plaintiffs demonstrated, on solid evidence, a real danger that the judgment would not be satisfied because of misleading conduct and proposed allocation of proceeds from the sale of the Dural property. The notice to produce was set aside as it sought documents irrelevant to facts in issue between the plaintiffs and defendants.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Notice of Motion (application) in Common Law Division / Ruling on Application for Freezing Order and Motion to Set Aside Notice to Produce
Outcome
Freezing order granted; notice to produce set aside; parties to bring in Short Minutes of Order to reflect reasons.
Legal Topics
['freezing Order' 'mareva Injunction' 'notice to Produce' 'enforcement of Judgments']
['civil Procedure'] ['freezing Order' 'mareva Injunction' 'notice to Produce' 'enforcement of Judgments']

Case Brief

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Procedural Posture

Notice of Motion (application) in Common Law Division / Ruling on Application for Freezing Order and Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether the plaintiffs are entitled to a freezing order over proceeds of sale of properties in light of potential dissipation of assets by defendants' "Whether the defendants' notice to produce should be set aside for failure to comply with r 21.10 UCPR and lack of relevance"]

Ratio Decidendi

The plaintiffs demonstrated, on solid evidence, a real danger that the judgment would not be satisfied because of misleading conduct and proposed allocation of proceeds from the sale of the Dural property. The notice to produce was set aside as it sought documents irrelevant to facts in issue between the plaintiffs and defendants.

Court Disposition

Freezing order granted; notice to produce set aside; parties to bring in Short Minutes of Order to reflect reasons.

Orders

  • ['Notice to produce set aside' 'Plaintiffs granted a freezing order in the amount of $273,448.04 upon usual undertaking as to damages' 'Parties directed to bring in Short Minutes of Order reflecting reasons']