APC v Raymond Gordon Pemberton [2023] NSWSC 988

APC v Raymond Gordon Pemberton [2023] NSWSC 988

The freezing order was continued because the plaintiff had more than a good arguable case, the defendant had actual notice of the order and hearing, and the evidence showed a real danger that any prospective judgment would go unsatisfied through the defendant's deliberate conduct to divest assets, with the balance of convenience and interests of justice favouring preservation of assets.

Jurisdiction
Australia
Judgment Date
18 August 2023
Procedural Posture
Application to Continue a Freezing Order / Interlocutory Ex Parte Application
Outcome
Freezing order continued until further order of the Court.
Legal Topics
['freezing Orders' 'asset Preservation Orders' 'risk of Dissipation of Assets' 'service' 'child Sexual Abuse Damages Claim']
['civil Procedure'] ['freezing Orders' 'asset Preservation Orders' 'risk of Dissipation of Assets' 'service' 'child Sexual Abuse Damages Claim']

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Procedural Posture

Application to Continue a Freezing Order / Interlocutory Ex Parte Application

Legal Issues

  1. 1 ['Whether the interim freezing order should be continued until further order of the Court.' 'Whether the defendant had actual notice of the freezing order and the listing for further hearing.' 'Whether the plaintiff had more than a good arguable case.' "Whether there was a danger that any prospective judgment debt would be wholly or partially unsatisfied because of the defendant's conduct." 'Whether the balance of convenience and interests of justice favoured continuing the freezing order.']

Ratio Decidendi

The freezing order was continued because the plaintiff had more than a good arguable case, the defendant had actual notice of the order and hearing, and the evidence showed a real danger that any prospective judgment would go unsatisfied through the defendant's deliberate conduct to divest assets, with the balance of convenience and interests of justice favouring preservation of assets.

Court Disposition

Freezing order continued until further order of the Court.

Orders

  • ['The freezing order made by Wright J on 4 August 2023 is continued until further order of the Court.' "The plaintiff's costs of this application are her costs in the cause." 'Liberty for the plaintiff to apply in respect of any further or additional order in relation to service on the defendant.']