Guildford Montessori Kindergarten Pty Ltd v Wehbe [2022] NSWSC 1560

Guildford Montessori Kindergarten Pty Ltd v Wehbe [2022] NSWSC 1560

The freezing order should continue because the plaintiffs had a good arguable case that large sums were misappropriated, the nature, amounts and manner of the payments and Remy Wehbe's agreement to Mr Khoury's appointment suggested the payments were not normal remuneration, Remy Wehbe gave no evidence explaining the payments, the plaintiffs' delay was explained by the Khoury investigation, and the alleged misappropriation together with evidence of property interests and cash deposits in the Philippines supported a real danger of asset disposal. The Court was also prepared to accept, absent contrary evidence, that the plaintiffs' undertaking as to damages was of substance.

Jurisdiction
Australia
Judgment Date
09 November 2022
Procedural Posture
Notice of Motion for Freezing Orders / Application to Continue an Ex Parte Freezing Order Due to Expire at 5pm on the Decision Date
Outcome
Freezing order substantially in the form sought by the plaintiffs granted
Legal Topics
['freezing Orders' 'interim Preservation' 'alleged Misappropriation' 'dissipation of Assets']
['civil Procedure' 'equity'] ['freezing Orders' 'interim Preservation' 'alleged Misappropriation' 'dissipation of Assets']

Case Brief

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Procedural Posture

Notice of Motion for Freezing Orders / Application to Continue an Ex Parte Freezing Order Due to Expire at 5pm on the Decision Date

Legal Issues

  1. 1 ['Whether the plaintiffs had a good arguable case that money claimed was misappropriated' 'Whether there was a sufficient basis to continue a freezing order against the defendants' 'Whether delay in seeking freezing orders should lead the Court to refuse relief in its discretion' "Whether the plaintiffs' undertaking as to damages was of sufficient substance"]

Ratio Decidendi

The freezing order should continue because the plaintiffs had a good arguable case that large sums were misappropriated, the nature, amounts and manner of the payments and Remy Wehbe's agreement to Mr Khoury's appointment suggested the payments were not normal remuneration, Remy Wehbe gave no evidence explaining the payments, the plaintiffs' delay was explained by the Khoury investigation, and the alleged misappropriation together with evidence of property interests and cash deposits in the Philippines supported a real danger of asset disposal. The Court was also prepared to accept, absent contrary evidence, that the plaintiffs' undertaking as to damages was of substance.

Court Disposition

Freezing order substantially in the form sought by the plaintiffs granted

Orders

  • ['A freezing order substantially in the form sought by the plaintiffs should be granted']