Creative Promotions Pty Ltd v Wu [2022] FCA 1150

Creative Promotions Pty Ltd v Wu [2022] FCA 1150

On the evidence, the applicant established a prima facie case, real risk that assets may be dissipated to frustrate a judgment, and the balance of convenience favours granting freezing and ancillary orders against the respondents.

Parties
Applicant: Creative Promotions Pty Ltd; First Respondent: Di Wu; Second Respondent: Hong Shao
Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Originating Application for Interlocutory Relief / Ex Parte Hearing for Freezing Order
Outcome
Application for freezing orders granted
Legal Topics
Freezing Order, Dissipation of Assets, Breach of Employment Contract, Contravention of Corporations Act
Practice and Procedure Corporations Freezing Order Dissipation of Assets Breach of Employment Contract Contravention of Corporations Act

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Parties

Creative Promotions Pty Ltd

Applicant

Di Wu

First Respondent

Hong Shao

Second Respondent

Procedural Posture

Originating Application for Interlocutory Relief / Ex Parte Hearing for Freezing Order

Legal Issues

  1. 1 Whether a prima facie case for relief exists
  2. 2 Whether there is a risk of dissipation of property to frustrate a prospective judgment
  3. 3 Whether balance of convenience favours granting freezing orders

Ratio Decidendi

On the evidence, the applicant established a prima facie case, real risk that assets may be dissipated to frustrate a judgment, and the balance of convenience favours granting freezing and ancillary orders against the respondents.

Court Disposition

Application for freezing orders granted

Orders

  • Leave to file affidavits is granted
  • Time for service of application abridged