Aymban Pty Ltd v Grove Park Pty Ltd & Ors [2007] NSWSC 1089

Aymban Pty Ltd v Grove Park Pty Ltd & Ors [2007] NSWSC 1089

The unexplained and unusual structure of the mortgage assignment and sale to Mr Comer's sons, the absence of proceeds, the omission of Mr Comer's beneficial shareholding in the First Defendant from his bankruptcy Statement of Affairs, and his assertion that he had no assets, together warranted protection to prevent him from dealing with disclosed or undisclosed assets or interests so as to defeat the Plaintiff's ability to realise the fruits of any judgment.

Jurisdiction
Australia
Judgment Date
21 September 2007
Procedural Posture
Asset Freezing Order / Notice of Motion for a General Asset Freezing Order; Ex Tempore Judgment
Outcome
Asset freezing order made.
Legal Topics
['asset Freezing Order' 'dissipation or Concealment of Assets' 'mortgagee Power of Sale' 'prima Facie Cause of Action']
['equity' 'civil Procedure'] ['asset Freezing Order' 'dissipation or Concealment of Assets' 'mortgagee Power of Sale' 'prima Facie Cause of Action']

Case Brief

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Procedural Posture

Asset Freezing Order / Notice of Motion for a General Asset Freezing Order; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Plaintiff had demonstrated a prima facie cause of action against the Defendants.' 'Whether there was a sufficient risk that Mr Comer would dissipate, conceal or remove assets so as to deprive the Plaintiff of the fruits of any judgment.']

Ratio Decidendi

The unexplained and unusual structure of the mortgage assignment and sale to Mr Comer's sons, the absence of proceeds, the omission of Mr Comer's beneficial shareholding in the First Defendant from his bankruptcy Statement of Affairs, and his assertion that he had no assets, together warranted protection to prevent him from dealing with disclosed or undisclosed assets or interests so as to defeat the Plaintiff's ability to realise the fruits of any judgment.

Court Disposition

Asset freezing order made.

Orders

  • ['Asset freezing order made.' 'Short Minutes of Order to be agreed and orders made in chambers.']