Strange v Turnbull; McKenzie v Turnbull [2020] NSWSC 1923

Strange v Turnbull; McKenzie v Turnbull [2020] NSWSC 1923

Given the lengthy lack of communication from Ms Turnbull or her solicitor, the evidence that at least one property had been sold without any communication to the judgment creditors, and the need to preserve assets so the judgments would not be frustrated, it was appropriate to make interim freezing orders ex parte, even though there was no evidence that Ms Turnbull had actually improperly disposed of sale proceeds.

Jurisdiction
Australia
Judgment Date
24 December 2020
Procedural Posture
Urgent Ex Parte Interlocutory Application for Freezing Orders / After Judgment; Interim Orders
Outcome
Interim freezing orders made in both proceedings.
Legal Topics
['interim Preservation' 'freezing Orders' 'ex Parte Interlocutory Application' 'asset Preservation' 'judgment Enforcement']
['civil Procedure'] ['interim Preservation' 'freezing Orders' 'ex Parte Interlocutory Application' 'asset Preservation' 'judgment Enforcement']

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Procedural Posture

Urgent Ex Parte Interlocutory Application for Freezing Orders / After Judgment; Interim Orders

Legal Issues

  1. 1 ['Whether freezing orders should be made under r 25.11 of the Uniform Civil Procedure Rules 2005 (NSW) after judgment.' "Whether the application should proceed ex parte given unsuccessful attempts to contact the judgment debtor's solicitor." 'Whether the evidence showed a sufficient danger that judgments would be frustrated by dissipation of sale proceeds or other assets.']

Ratio Decidendi

Given the lengthy lack of communication from Ms Turnbull or her solicitor, the evidence that at least one property had been sold without any communication to the judgment creditors, and the need to preserve assets so the judgments would not be frustrated, it was appropriate to make interim freezing orders ex parte, even though there was no evidence that Ms Turnbull had actually improperly disposed of sale proceeds.

Court Disposition

Interim freezing orders made in both proceedings.

Orders

  • ['In Proceedings 2015/183692, the notice of motion dated 24 December 2020 was made returnable immediately.' "In Proceedings 2015/183692, leave was granted to file the notice of motion in Court upon counsel's undertaking to ensure payment of the filing fee and file the notice of motion before 5pm on 29 December...