Coeclerici Asia Pte Limited v Gujarat NRE Coke Limited [2013] FCA 264

Coeclerici Asia Pte Limited v Gujarat NRE Coke Limited [2013] FCA 264

The respondents are to comply with Order 8 (as varied) by lodging affidavits setting out their assets by 11.00 am on 2 April 2013 with the Judge's Associate, rather than serving them on the applicant. The affidavits shall remain confidential until the Court determines whether to continue the Freezing Orders.

Parties
Applicant: Coeclerici Asia Pte Limited; First Respondent: Gujarat NRE Coke Limited; Second Respondent: Arun Kumar Jagatramka
Jurisdiction
Australia
Judgment Date
25 March 2013
Procedural Posture
Interlocutory Application / Variation of Previously Made Orders and Directions for Compliance
Outcome
Orders for variation and confidentiality of asset disclosure affidavits; extension of time for compliance with asset disclosure orders
Legal Topics
Freezing Orders, Asset Disclosure, Interlocutory Relief
Civil Procedure Freezing Orders Asset Disclosure Interlocutory Relief

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Parties

Coeclerici Asia Pte Limited

Applicant

Gujarat NRE Coke Limited

First Respondent

Arun Kumar Jagatramka

Second Respondent

Procedural Posture

Interlocutory Application / Variation of Previously Made Orders and Directions for Compliance

Legal Issues

  1. 1 Whether Order 8 (asset disclosure) should be stayed or varied
  2. 2 Timeliness and confidentiality of affidavit compliance with asset disclosure orders

Ratio Decidendi

The respondents are to comply with Order 8 (as varied) by lodging affidavits setting out their assets by 11.00 am on 2 April 2013 with the Judge's Associate, rather than serving them on the applicant. The affidavits shall remain confidential until the Court determines whether to continue the Freezing Orders.

Court Disposition

Orders for variation and confidentiality of asset disclosure affidavits; extension of time for compliance with asset disclosure orders

Orders

  • Order 8(a) varied to require disclosure to the Court instead of the applicant.
  • Order 8(c) vacated and replaced: respondents to swear and lodge (not file or serve) affidavits with the Judge’s Associate by 11.00 am, 2 April 2013, setting out required asset information.