Bayley & Associates Pty Ltd v DBR Australia Pty Ltd [2012] FCA 746

Bayley & Associates Pty Ltd v DBR Australia Pty Ltd [2012] FCA 746

The applicant failed to demonstrate any relevant threat to the assets of the second or fourth respondents that would justify the grant of Freezing Orders; mere sale of property and change of residence do not constitute sufficient evidence of asset dissipation or intent to frustrate enforcement of a possible judgment.

Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Interlocutory Application / Application for Freezing Orders—dismissal
Outcome
Interlocutory Application dismissed; costs awarded against applicant.
Legal Topics
['freezing Orders' 'mareva Injunction' 'asset Dissipation' 'costs']
['practice and Procedure'] ['freezing Orders' 'mareva Injunction' 'asset Dissipation' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Freezing Orders—dismissal

Legal Issues

  1. 1 ['Whether the circumstances justify the making of blanket Freezing Orders against two respondents' 'Whether evidence of asset sale and relocation constitutes a threat to asset dissipation sufficient to warrant Freezing Orders']

Ratio Decidendi

The applicant failed to demonstrate any relevant threat to the assets of the second or fourth respondents that would justify the grant of Freezing Orders; mere sale of property and change of residence do not constitute sufficient evidence of asset dissipation or intent to frustrate enforcement of a possible judgment.

Court Disposition

Interlocutory Application dismissed; costs awarded against applicant.

Orders

  • ['The Interlocutory Application filed by the applicant on 4 July 2012 be dismissed.' "The applicant pay the second and fourth respondents' costs of and incidental to that Application as taxed or agreed." "In the event the amount of the said costs is not agreed within fourteen (14) days of today's date, the said...