The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 12) [2022] NSWSC 357

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 12) [2022] NSWSC 357

The freezing order was refused because Cordell Jigsaw Productions Pty Ltd's interests were adequately protected by The Checkout Pty Ltd's existing undertaking to the Court, any reduction below the critical amount would require notice and could be addressed if it occurred, and further PDV Offset funds were expected to be received in the near future, so there was no present need for Court intervention.

Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Application for Freezing Order / Notice of Motion Filed 24 March 2022 Heard Pending Delivery of Reserved Judgment in the Main Proceedings
Outcome
Application for freezing order refused; first defendant's Notice of Motion of 24 March 2022 stood over to the date on which judgment in the main proceedings is delivered; costs reserved.
Legal Topics
['injunctions' 'freezing Order' 'interlocutory Relief' 'undertakings to the Court' 'reserved Judgment']
['equity' 'civil Procedure'] ['injunctions' 'freezing Order' 'interlocutory Relief' 'undertakings to the Court' 'reserved Judgment']

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Procedural Posture

Application for Freezing Order / Notice of Motion Filed 24 March 2022 Heard Pending Delivery of Reserved Judgment in the Main Proceedings

Legal Issues

  1. 1 ['Whether a freezing order should be made restraining The Checkout Pty Ltd from reducing the balance in its bank accounts below $488,198 pending delivery of judgment in the main proceedings.' "Whether existing undertakings given by The Checkout Pty Ltd adequately protected Cordell Jigsaw Productions Pty Ltd's interests."]

Ratio Decidendi

The freezing order was refused because Cordell Jigsaw Productions Pty Ltd's interests were adequately protected by The Checkout Pty Ltd's existing undertaking to the Court, any reduction below the critical amount would require notice and could be addressed if it occurred, and further PDV Offset funds were expected to be received in the near future, so there was no present need for Court intervention.

Court Disposition

Application for freezing order refused; first defendant's Notice of Motion of 24 March 2022 stood over to the date on which judgment in the main proceedings is delivered; costs reserved.

Orders

  • ["The first defendant's Notice of Motion of 24 March 2022 is stood over to the date on which judgment is delivered." 'The question of costs is reserved.']