Apollo Blinds Australasia Pty Ltd v Messner [2023] NSWSC 1279

Apollo Blinds Australasia Pty Ltd v Messner [2023] NSWSC 1279

The plaintiff demonstrated a realistic danger that the process of the Court would be abused or frustrated because the first defendant's property sale was imminent, the first defendant did not dispute the quantum of the debt but sought its reduction, one text message could be viewed as indicating an intention to thwart recovery, and the first defendant failed to respond to repeated requests to undertake that the net sale proceeds be held on trust pending agreement or court order.

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Civil Procedure Freezing Order / Ex Parte Application
Outcome
Orders made in terms of the short minutes of order.
Legal Topics
['freezing Orders' 'ex Parte Applications' 'franchise Distribution and Security Agreement' 'guarantors' 'sale Proceeds']
['civil Procedure'] ['freezing Orders' 'ex Parte Applications' 'franchise Distribution and Security Agreement' 'guarantors' 'sale Proceeds']

Case Brief

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Procedural Posture

Civil Procedure Freezing Order / Ex Parte Application

Legal Issues

  1. 1 ['Whether the plaintiff should be granted a freezing order against the first defendant in respect of the alleged debt owed.' 'Whether there was some indication of a realistic danger that the process of the Court would be abused or frustrated in relation to recovery of the alleged debt.']

Ratio Decidendi

The plaintiff demonstrated a realistic danger that the process of the Court would be abused or frustrated because the first defendant's property sale was imminent, the first defendant did not dispute the quantum of the debt but sought its reduction, one text message could be viewed as indicating an intention to thwart recovery, and the first defendant failed to respond to repeated requests to undertake that the net sale proceeds be held on trust pending agreement or court order.

Court Disposition

Orders made in terms of the short minutes of order.

Orders

  • ['Freezing order made in respect of the assets of the first defendant in the sum of $242,925.96.' 'Orders made in the short minutes of order of 27 October 2023, signed by the judge and placed with the Court papers.']