Deputy Commissioner of Taxation v HuangCitation:[2021] HCA 43Before:Gageler, Keane, Gordon, Edelman, Gleeson JJDate:08 Dec 2021Case Number:S26/2021Read more
A worldwide freezing order is not within the power of the Federal Court of Australia where there is presently no realistic possibility of enforcement of the judgment in each foreign jurisdiction where the assets are located.
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 08 December 2021
- Procedural Posture
- Civil / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Freezing Orders, Worldwide Freezing Order, Enforcement of Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Federal Court of Australia has the power to make a worldwide freezing order where there is no realistic possibility of enforcement in each foreign jurisdiction where assets are located.
Ratio Decidendi
A worldwide freezing order is not within the power of the Federal Court of Australia where there is presently no realistic possibility of enforcement of the judgment in each foreign jurisdiction where the assets are located.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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