Commissioner of Taxation v Grimaldi (No. 6) [2009] FCA 766

Commissioner of Taxation v Grimaldi (No. 6) [2009] FCA 766

Because the relevant amount had become the judgment amount of $3,552,577.81 and the second respondent did not oppose an extension if liberty to apply were granted, it was appropriate to extend the freezing order made on 19 May 2009 against the second respondent until further order, with liberty to apply on 3 days' notice.

Jurisdiction
Australia
Judgment Date
13 July 2009
Procedural Posture
Notice of Motion Seeking Extension of Freezing Order; Applications for Stays of Execution Mentioned / Post Judgment Order on 13 July 2009
Outcome
Freezing order against the second respondent extended until further order, with liberty to apply on 3 days' notice.
Legal Topics
['freezing Order' 'extension of Interlocutory Order' 'stay of Execution' 'judgment Debt']
['civil Procedure' 'taxation'] ['freezing Order' 'extension of Interlocutory Order' 'stay of Execution' 'judgment Debt']

Case Brief

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Procedural Posture

Notice of Motion Seeking Extension of Freezing Order; Applications for Stays of Execution Mentioned / Post Judgment Order on 13 July 2009

Legal Issues

  1. 1 ['Whether the freezing order made by consent against the second respondent on 19 May 2009 should be extended.' 'Whether the judgment amount of $3,552,577.81 should be substituted as the relevant amount in the freezing order.']

Ratio Decidendi

Because the relevant amount had become the judgment amount of $3,552,577.81 and the second respondent did not oppose an extension if liberty to apply were granted, it was appropriate to extend the freezing order made on 19 May 2009 against the second respondent until further order, with liberty to apply on 3 days' notice.

Court Disposition

Freezing order against the second respondent extended until further order, with liberty to apply on 3 days' notice.

Orders

  • ['The orders made on 19 May 2009 against the second respondent, in accordance with "Annexure X" which in paragraph 1 were expressed to have effect subject to paragraph 9, up to and including the time of final judgment in these proceedings, be extended, until further order, subject to a grant of liberty to either...