Hyperbaric Health International Pty Ltd v Healing Chambers of Australia Pty Ltd (No 2) [2019] FCA 513

Hyperbaric Health International Pty Ltd v Healing Chambers of Australia Pty Ltd (No 2) [2019] FCA 513

The applicants failed to provide sufficient financial evidence or plans for payment to justify vacating or varying the freezing order or extending the time for payment of the costs judgment; respondents should be permitted to enforce their costs judgment.

Parties
First Applicant/cross Respondent: Hyperbaric Health International Pty Ltd; Second Applicant: 98TH Percentile Pty Ltd; First Respondent/cross Claimant: Healing Chambers of Australia Pty Ltd; Second Respondent: Peter Stone; Director of First Applicant, Applicant in Application: Dr Trevor John Baret; Director of First Applicant, Applicant in Application: Ms Kylie Eva Maxwell
Jurisdiction
Australia
Judgment Date
04 April 2019
Procedural Posture
Interlocutory Application / Application to Vacate Freezing Order and Extend Time to Pay Costs
Outcome
Interlocutory application dismissed with costs.
Legal Topics
Interlocutory Applications, Freezing Orders, Enforcement of Costs Orders
Civil Procedure Intellectual Property Interlocutory Applications Freezing Orders Enforcement of Costs Orders

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Parties

Hyperbaric Health International Pty Ltd

First Applicant/cross Respondent

98TH Percentile Pty Ltd

Second Applicant

Healing Chambers of Australia Pty Ltd

First Respondent/cross Claimant

Peter Stone

Second Respondent

Dr Trevor John Baret

Director of First Applicant, Applicant in Application

Ms Kylie Eva Maxwell

Director of First Applicant, Applicant in Application

Procedural Posture

Interlocutory Application / Application to Vacate Freezing Order and Extend Time to Pay Costs

Legal Issues

  1. 1 Whether to vacate or vary the freezing order over property of Dr Baret and Ms Maxwell
  2. 2 Whether to grant additional time for payment of costs judgment

Ratio Decidendi

The applicants failed to provide sufficient financial evidence or plans for payment to justify vacating or varying the freezing order or extending the time for payment of the costs judgment; respondents should be permitted to enforce their costs judgment.

Court Disposition

Interlocutory application dismissed with costs.

Orders

  • The interlocutory application made orally by Dr Baret and Ms Maxwell on 4 April 2019 be dismissed.
  • Dr Baret and Ms Maxwell pay the respondents' costs of and incidental to the said application.