Apollo Blinds Australasia Pty Ltd v Messner (No 2) [2023] NSWSC 1319

There is a good arguable case for the plaintiff against the first defendant and a real danger that a prospective judgment may be frustrated, justifying extension of the freezing order.

Jurisdiction: Australia
Judgment Date: 01 November 2023
Procedural Posture: Civil / Interlocutory (extension of Interim Freezing Order)
Outcome: freezing order extended against first defendant; costs reserved
Legal Topics: ['interim Preservation' 'freezing Orders']

['civil Procedure'] ['interim Preservation' 'freezing Orders']

Case Brief

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

Procedural Posture

Civil / Interlocutory (extension of Interim Freezing Order)

Legal Issues

1 ['Whether the plaintiff has a good arguable case for a freezing order against the first defendant' "Whether there is a real danger that a prospective judgment will be frustrated due to the first defendant's assets being disposed of or diminished"]

Ratio Decidendi

There is a good arguable case for the plaintiff against the first defendant and a real danger that a prospective judgment may be frustrated, justifying extension of the freezing order.

Court Disposition

freezing order extended against first defendant; costs reserved

Orders

['Court extends freezing order made on 27 October 2023 in respect of the First Defendant until further order.' "Grant liberty to apply on two days' notice." 'These orders to be entered forthwith.' 'Costs of, and incidental to, the application for interim relief including the appearances on 27 and 30 October and 1...