Craig Stephen Bantoft v Douglas John Foggo [2024] NSWSC 460

Craig Stephen Bantoft v Douglas John Foggo [2024] NSWSC 460

On the material before the court, including the affidavit and supporting documents, there is a prima facie basis for concern that the defendant may be dissipating assets. Interim freezing orders are therefore appropriate pending the full hearing of the notice of motion.

Jurisdiction
Australia
Judgment Date
17 April 2024
Procedural Posture
Civil Proceeding / Interim Application for Freezing Orders; Notice of Motion Adjourned for Hearing
Outcome
Interim freezing orders granted; notice of motion adjourned for further hearing; directions made for evidence and submissions; costs reserved.
Legal Topics
['freezing Orders' 'interim Relief' 'sexual Abuse Allegations' 'case Management']
['civil Procedure'] ['freezing Orders' 'interim Relief' 'sexual Abuse Allegations' 'case Management']

Case Brief

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Procedural Posture

Civil Proceeding / Interim Application for Freezing Orders; Notice of Motion Adjourned for Hearing

Legal Issues

  1. 1 ['Whether interim freezing orders should be granted to restrain the defendant from disposing of or diminishing assets' 'Whether there is a legitimate concern the defendant is seeking to divest assets to frustrate potential judgment']

Ratio Decidendi

On the material before the court, including the affidavit and supporting documents, there is a prima facie basis for concern that the defendant may be dissipating assets. Interim freezing orders are therefore appropriate pending the full hearing of the notice of motion.

Court Disposition

Interim freezing orders granted; notice of motion adjourned for further hearing; directions made for evidence and submissions; costs reserved.

Orders

  • ['The notice of motion is adjourned until Wednesday 8 May 2024 for hearing.' 'Plaintiff to file and serve evidence by 1 May 2024.' 'Defendant and Gallop Reserve Pty Ltd to file and serve evidence by 5 May 2024, including specified documents if possible.' 'Written submissions of no more than 15 pages to be filed and...