Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust [2020] NSWSC 535

Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust [2020] NSWSC 535

Plaintiffs failed to establish by evidence a real risk that defendants would dissipate assets to frustrate the execution of any judgment; the application for freezing orders, despite a conceded good arguable case, was dismissed due to lack of evidence of risk and failure to provide evidence of plaintiffs' financial capacity to honour the undertaking as to damages.

Jurisdiction
Australia
Judgment Date
11 May 2020
Procedural Posture
Notice of Motion / Interlocutory Application for Freezing Orders; Final Determination of Motion
Outcome
Plaintiffs' notice of motion for freezing orders dismissed.
Legal Topics
['freezing Orders' 'practice and Procedure' 'damages Undertakings' 'abuse of Process']
['equity' 'civil Procedure'] ['freezing Orders' 'practice and Procedure' 'damages Undertakings' 'abuse of Process']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Application for Freezing Orders; Final Determination of Motion

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to freezing orders against defendants' 'Whether the application for fresh freezing orders constituted an abuse of process' "Adequacy of plaintiffs' undertaking as to damages" "Whether plaintiffs have established a risk that defendants will deal with assets in a way that frustrates the court's processes"]

Ratio Decidendi

Plaintiffs failed to establish by evidence a real risk that defendants would dissipate assets to frustrate the execution of any judgment; the application for freezing orders, despite a conceded good arguable case, was dismissed due to lack of evidence of risk and failure to provide evidence of plaintiffs' financial capacity to honour the undertaking as to damages.

Court Disposition

Plaintiffs' notice of motion for freezing orders dismissed.

Orders

  • ['Order that the notice of motion filed by the first and second plaintiffs on 29 April 2020 is dismissed.' 'Direct the parties to file and serve by no later than 5:00pm on 18 May 2020 written submissions addressing the orders for which they contend and any affidavit evidence upon which they seek to rely in relation...