Rogers v Northern NSW Local Health District [2017] NSWSC 731

Rogers v Northern NSW Local Health District [2017] NSWSC 731

There was no evidence of a risk that Mr Kirbach would dissipate assets or remove property from the jurisdiction so as to frustrate execution of any judgment, thus the requirements for a freezing order were not met and the application was refused.

Jurisdiction
Australia
Judgment Date
07 June 2017
Procedural Posture
Personal Injury / Interlocutory Application for Ex Parte Freezing Order
Outcome
Application for ex parte freezing order refused.
Legal Topics
['injunctions' 'freezing Orders' 'personal Injury' 'cross Claims']
['civil Procedure'] ['injunctions' 'freezing Orders' 'personal Injury' 'cross Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Personal Injury / Interlocutory Application for Ex Parte Freezing Order

Legal Issues

  1. 1 ['Whether a freezing order should be granted ex parte against a third party in the absence of evidence of risk of dissipation of assets or frustration of judgment.']

Ratio Decidendi

There was no evidence of a risk that Mr Kirbach would dissipate assets or remove property from the jurisdiction so as to frustrate execution of any judgment, thus the requirements for a freezing order were not met and the application was refused.

Court Disposition

Application for ex parte freezing order refused.

Orders

  • ['Application for freezing order dismissed.']