Abignano Nominees Pty Limited v Altius Pty Limited [2017] NSWSC 1452

Abignano Nominees Pty Limited v Altius Pty Limited [2017] NSWSC 1452

Given the ex parte application and the concern that the property may be sold before the freezing order application could be dealt with, it was appropriate at that stage to make the short service orders sought and return the matter before the Duty Judge on 26 October 2017.

Jurisdiction
Australia
Judgment Date
24 October 2017
Procedural Posture
Civil Procedure Application in Debt Recovery Proceedings / Ex Parte Application for Short Service of a Notice of Motion Seeking a Freezing Order or Asset Preservation Order
Outcome
Orders in accordance with short minutes of order.
Legal Topics
['service' 'short Service' 'ex Parte Application' 'freezing Order' 'interim Preservation' 'debt Recovery']
['civil Procedure'] ['service' 'short Service' 'ex Parte Application' 'freezing Order' 'interim Preservation' 'debt Recovery']

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Procedural Posture

Civil Procedure Application in Debt Recovery Proceedings / Ex Parte Application for Short Service of a Notice of Motion Seeking a Freezing Order or Asset Preservation Order

Legal Issues

  1. 1 ['Whether short service of the notice of motion and affidavit on the defendant should be ordered.' 'Whether the matter should be returned before the Duty Judge for consideration of the freezing order or asset preservation relief sought.']

Ratio Decidendi

Given the ex parte application and the concern that the property may be sold before the freezing order application could be dealt with, it was appropriate at that stage to make the short service orders sought and return the matter before the Duty Judge on 26 October 2017.

Court Disposition

Orders in accordance with short minutes of order.

Orders

  • ['Leave granted to the plaintiff to file a notice of motion in Court upon the undertaking of the solicitor to pay the prescribed fee.' 'Orders for short service made.' 'The motion was endorsed as returnable on 26 October 2017 at 10am at Court 10A, Law Courts Building, Queen Square, Sydney.' 'Orders otherwise made in...