Cleveland Investments Global Limited v Ficaro Pty Limited & Ors [2016] NSWSC 473

Cleveland Investments Global Limited v Ficaro Pty Limited & Ors [2016] NSWSC 473

The court held that there is a serious question to be tried regarding whether Mr Asfar holds estate assets in trust for Mr Evans, thereby constituting assets of the judgment debtor for purposes of UCPR Part 25 r 25.14(5)(a)(ii). Consequently, there is a danger judgment may remain unsatisfied unless an asset freezing order over estate assets is granted.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Equity Duty List / Ex Parte Asset Freezing Order; Interlocutory Hearing
Outcome
Ex parte freezing order granted over assets of the estate.
Legal Topics
['injunctions' 'freezing Orders' 'construction of Wills']
['equity' 'civil Procedure'] ['injunctions' 'freezing Orders' 'construction of Wills']

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Procedural Posture

Equity Duty List / Ex Parte Asset Freezing Order; Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the requirements for a freezing order against a third party under UCPR Part 25 r 25.14 are satisfied' "Proper construction of clause 3 of Rosemary Evans' will" "Whether a danger exists that judgment will remain unsatisfied due to a third party's control over assets"]

Ratio Decidendi

The court held that there is a serious question to be tried regarding whether Mr Asfar holds estate assets in trust for Mr Evans, thereby constituting assets of the judgment debtor for purposes of UCPR Part 25 r 25.14(5)(a)(ii). Consequently, there is a danger judgment may remain unsatisfied unless an asset freezing order over estate assets is granted.

Court Disposition

Ex parte freezing order granted over assets of the estate.

Orders

  • ["Freezing order over assets of Rosemary Evans' estate pending determination of will construction." 'Direction for service on Mr Asfar’s probate address and Official Trustee.']