Beluga Shipping GmbH v Suzlon Energy Ltd (No 2) [2009] FCA 1346

Beluga Shipping GmbH v Suzlon Energy Ltd (No 2) [2009] FCA 1346

The Court was satisfied, on the material previously relied on for the 13 August 2009 orders and for the reasons given in Beluga Shipping GmbH v Suzlon Energy Limited [2009] FCA 1020, that further freezing orders should be made against Mr Sridhar. The earlier expiry resulted from an unfortunate and unintended oversight, no prejudice to Mr Sridhar was shown, and the orders would be made subject to Practice Note CM 9 and the Suzlon parties' undertakings.

Jurisdiction
Australia
Judgment Date
30 October 2009
Procedural Posture
In Admiralty / Motion by the Suzlon Parties for Further Freezing Orders Against Rajagopalan Sridhar After Earlier Freezing Orders Expired
Outcome
Further freezing orders made against Rajagopalan Sridhar; ancillary leave granted; proceedings stood over to 20 November 2009 at 9:30am.
Legal Topics
['freezing Orders' 'mareva Orders' 'practice Note CM 9' 'cross Claims' 'undertakings as to Compensation']
['admiralty' 'civil Procedure'] ['freezing Orders' 'mareva Orders' 'practice Note CM 9' 'cross Claims' 'undertakings as to Compensation']

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Procedural Posture

In Admiralty / Motion by the Suzlon Parties for Further Freezing Orders Against Rajagopalan Sridhar After Earlier Freezing Orders Expired

Legal Issues

  1. 1 ['Whether further freezing orders should be made against Mr Sridhar after earlier orders expired because an extension was overlooked.' 'Whether the orders should be made in a form complying with Practice Note CM 9 and on the undertakings offered by the Suzlon parties.']

Ratio Decidendi

The Court was satisfied, on the material previously relied on for the 13 August 2009 orders and for the reasons given in Beluga Shipping GmbH v Suzlon Energy Limited [2009] FCA 1020, that further freezing orders should be made against Mr Sridhar. The earlier expiry resulted from an unfortunate and unintended oversight, no prejudice to Mr Sridhar was shown, and the orders would be made subject to Practice Note CM 9 and the Suzlon parties' undertakings.

Court Disposition

Further freezing orders made against Rajagopalan Sridhar; ancillary leave granted; proceedings stood over to 20 November 2009 at 9:30am.

Orders

  • ['The freezing order against Rajagopalan Sridhar has effect up to and including 20 November 2009, with a further hearing on that date at 9:30am before Rares J.' 'Rajagopalan Sridhar must not remove from Australia or dispose of, deal with or diminish the value of assets up to the unencumbered value of...