Award Accounting Pty Ltd v WGC Aust Pty Ltd [2016] NSWSC 1757

Award Accounting Pty Ltd v WGC Aust Pty Ltd [2016] NSWSC 1757

The plaintiff established a good arguable case for payment of outstanding invoices for accounting services and, on the affidavit evidence, showed there was a sufficient risk of dissipation of the defendants’ assets to justify the making of a freezing order ex parte.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Application for Ex Parte Freezing Order / Interlocutory
Outcome
Freezing order granted ex parte until further order
Legal Topics
['injunctions' 'freezing Orders' 'ex Parte Applications']
['civil Procedure'] ['injunctions' 'freezing Orders' 'ex Parte Applications']

Case Brief

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Procedural Posture

Application for Ex Parte Freezing Order / Interlocutory

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an ex parte freezing order to prevent dissipation of assets likely to frustrate the judgment']

Ratio Decidendi

The plaintiff established a good arguable case for payment of outstanding invoices for accounting services and, on the affidavit evidence, showed there was a sufficient risk of dissipation of the defendants’ assets to justify the making of a freezing order ex parte.

Court Disposition

Freezing order granted ex parte until further order

Orders

  • ['Orders made in terms of orders 1, 2, 3, 5, 6, 7, 9 and 10 of the notice of motion filed 7 December 2016.' 'Matter to come before duty judge at 10am on Monday next.']