Antoun v Hanna (No 2) [2023] NSWSC 1096

Antoun v Hanna (No 2) [2023] NSWSC 1096

The circumstances were exceptional and justified making an ex parte freezing order without requiring Joseph Hanna to give the usual undertaking as to damages. Mary Antoun had wilfully refused to comply with the family law orders and sold the Rosebery property after the principal hearing, apparently to put it beyond the reach of the Court and deprive the deceased estate of its value. Mr Hanna was an independent solicitor and proposed administrator with no personal interest who could not reasonably be expected to risk his own assets. The likely impact of the order on Ms Antoun was not shown to be extreme, the order could be varied on application, and it was in the interests of justice to...

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Equity Duty List Application for Freezing Order in Family Provision Proceedings / Ex Parte Interlocutory Application
Outcome
Freezing order granted ex parte against Mary Antoun without, at this stage, requiring Joseph Hanna to give the usual undertaking as to damages.
Legal Topics
['freezing Orders' 'ex Parte Applications' 'usual Undertaking as to Damages' 'interim Preservation of Assets' 'family Provision' 'deceased Estates']
['civil Procedure' 'equity' 'succession'] ['freezing Orders' 'ex Parte Applications' 'usual Undertaking as to Damages' 'interim Preservation of Assets' 'family Provision' 'deceased Estates']

Case Brief

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Procedural Posture

Equity Duty List Application for Freezing Order in Family Provision Proceedings / Ex Parte Interlocutory Application

Legal Issues

  1. 1 ['Whether an ex parte freezing order should be made against Mary Antoun restraining disposition of assets.' 'Whether the Court should make the freezing order without requiring Joseph Hanna to give the usual undertaking as to damages.' 'Whether the order was supported by Uniform Civil Procedure Rules 2005 (NSW), r 25.11(1), or otherwise by the interests of justice under r 25.14(6).']

Ratio Decidendi

The circumstances were exceptional and justified making an ex parte freezing order without requiring Joseph Hanna to give the usual undertaking as to damages. Mary Antoun had wilfully refused to comply with the family law orders and sold the Rosebery property after the principal hearing, apparently to put it beyond the reach of the Court and deprive the deceased estate of its value. Mr Hanna was an independent solicitor and proposed administrator with no personal interest who could not reasonably be expected to risk his own assets. The likely impact of the order on Ms Antoun was not shown to be extreme, the order could be varied on application, and it was in the interests of justice to...

Court Disposition

Freezing order granted ex parte against Mary Antoun without, at this stage, requiring Joseph Hanna to give the usual undertaking as to damages.

Orders

  • ['Leave granted to the applicant/third defendant to file in chambers the amended notice of motion signed by Robb J and dated 7 September 2023.' 'The applicant/third defendant is to serve the amended notice of motion, relevant affidavits, orders including the Penal Notice, and reasons on the respondent/fourth...