Bupa Hi Pty Limited v Montero [2020] NSWSC 806

Bupa Hi Pty Limited v Montero [2020] NSWSC 806

The Court was satisfied, based on the affidavit and supporting material, that the plaintiff had a good arguable case of fraud against the defendant and that there was a real risk that a prospective judgment would remain unsatisfied unless a freezing order was granted to preserve assets.

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Civil / Interlocutory (ex Parte Freezing Order)
Outcome
Freezing order granted; interlocutory relief granted ex parte
Legal Topics
['freezing Orders' 'interim Preservation' 'fraud']
['civil Procedure'] ['freezing Orders' 'interim Preservation' 'fraud']

Case Brief

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Procedural Posture

Civil / Interlocutory (ex Parte Freezing Order)

Legal Issues

  1. 1 ['Whether the requirements for a freezing order under rule 25.11 of the Uniform Civil Procedure Rules 2005 (NSW) are satisfied']

Ratio Decidendi

The Court was satisfied, based on the affidavit and supporting material, that the plaintiff had a good arguable case of fraud against the defendant and that there was a real risk that a prospective judgment would remain unsatisfied unless a freezing order was granted to preserve assets.

Court Disposition

Freezing order granted; interlocutory relief granted ex parte

Orders

  • ['Leave granted to add identified bank account to Summons.' 'Leave granted to file Summons and affidavit of Katherine Morgan.' 'Summons to be heard instanter for identified orders.' 'Abridgment of time for service to 5:00pm (AEST) on 22 June 2020.' 'Freezing order against defendant per Uniform Civil Procedure Rules...