In the matter of Gerard Cassegrain & Co Pty Limited [2014] NSWSC 672

In the matter of Gerard Cassegrain & Co Pty Limited [2014] NSWSC 672

Given previous judicial findings regarding Felicity Cassegrain’s knowing receipt of company assets for the purpose of putting them beyond reach of creditors or a liquidator, and resistance in disclosing asset details, there is sufficient evidence of a real risk she may deal with or dispose of assets to frustrate satisfaction of a prospective judgment. This justifies the grant of a freezing (injunction) order against her.

Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Interlocutory Application / Hearing and Determination of Motion for Injunction
Outcome
Injunction granted
Legal Topics
['injunctions' 'freezing Orders' 'equitable Compensation' 'knowing Receipt' 'fiduciary Duty']
['equity'] ['injunctions' 'freezing Orders' 'equitable Compensation' 'knowing Receipt' 'fiduciary Duty']

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Procedural Posture

Interlocutory Application / Hearing and Determination of Motion for Injunction

Legal Issues

  1. 1 ["Whether adverse findings regarding respondent's knowing receipt and intention to put assets beyond reach justify a freezing injunction" 'Whether sufficient evidence exists of the risk that respondent may dispose of or deal with assets to frustrate a prospective judgment']

Ratio Decidendi

Given previous judicial findings regarding Felicity Cassegrain’s knowing receipt of company assets for the purpose of putting them beyond reach of creditors or a liquidator, and resistance in disclosing asset details, there is sufficient evidence of a real risk she may deal with or dispose of assets to frustrate satisfaction of a prospective judgment. This justifies the grant of a freezing (injunction) order against her.

Court Disposition

Injunction granted

Orders

  • ["Order in terms of the Notice of Motion filed 17 January 2014, with the addition that Felicity Cassegrain is restrained from dealing with her assets without giving thirty days' written notice to the applicants."]