Crupe Pte Limited v Stuart Kinnear Robertson [2018] NSWSC 2056

Crupe Pte Limited v Stuart Kinnear Robertson [2018] NSWSC 2056

Given the uncertainty and unresolved expert evidence concerning the enforceability in Switzerland of a prospective Singapore High Court judgment, and in the interests of achieving justice between the parties at the interlocutory stage, existing freezing orders are to be continued, subject to the qualification that assets in Switzerland are excluded.

Parties
First Plaintiff: Crupe Pte Limited; Second Plaintiff: Crupe International (Holdings) GMBH; First Defendant: Stuart Kinnear Robertson; Second Defendant: Michele Fleury Robertson
Jurisdiction
Australia
Judgment Date
12 December 2018
Procedural Posture
Interlocutory Application / Application to Continue Interlocutory (freezing) Orders
Outcome
Interlocutory freezing orders continued, with assets in Switzerland excluded, until further order and on condition that plaintiffs move expeditiously for a final hearing.
Legal Topics
Injunctions, Freezing Orders, Proof of Foreign Law, Expert Evidence
Equity Injunctions Freezing Orders Proof of Foreign Law Expert Evidence

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Parties

Crupe Pte Limited

First Plaintiff

Crupe International (Holdings) GMBH

Second Plaintiff

Stuart Kinnear Robertson

First Defendant

Michele Fleury Robertson

Second Defendant

Procedural Posture

Interlocutory Application / Application to Continue Interlocutory (freezing) Orders

Legal Issues

  1. 1 Whether interlocutory freezing orders should be continued against the defendants' assets, particularly in Switzerland
  2. 2 Whether a prospective judgment from the High Court of Singapore could be enforced in Switzerland against the defendants’ assets
  3. 3 Appropriate approach to conflicting expert evidence on foreign law in interlocutory applications

Ratio Decidendi

Given the uncertainty and unresolved expert evidence concerning the enforceability in Switzerland of a prospective Singapore High Court judgment, and in the interests of achieving justice between the parties at the interlocutory stage, existing freezing orders are to be continued, subject to the qualification that assets in Switzerland are excluded.

Court Disposition

Interlocutory freezing orders continued, with assets in Switzerland excluded, until further order and on condition that plaintiffs move expeditiously for a final hearing.

Orders

  • Existing freezing orders continued until further order, subject to order 8(a) excluding assets in Switzerland.
  • Plaintiffs to obtain a final hearing date expeditiously.