CXG v Stephen James Limond [2023] NSWSC 1636

CXG v Stephen James Limond [2023] NSWSC 1636

The Court made freezing orders because the plaintiff had a non-frivolous claim supported on solid ground, the first defendant had been sentenced for sexual offending against the plaintiff, the second defendant faced pleaded allegations of acts and neglect, and the transfer of the first defendant's interest in real estate to the second defendant for no consideration shortly after the plaintiff gave evidence in criminal proceedings supported a concern that assets might be dissipated to defeat any civil judgment.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Civil Application for Freezing Orders / Ex Parte Notice of Motion
Outcome
Freezing orders made.
Legal Topics
['freezing Orders' 'ex Parte Applications' 'asset Dissipation' 'child Sexual Abuse and Neglect Claims' 'transfer of Property for No Consideration']
['civil Law'] ['freezing Orders' 'ex Parte Applications' 'asset Dissipation' 'child Sexual Abuse and Neglect Claims' 'transfer of Property for No Consideration']

Case Brief

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Procedural Posture

Civil Application for Freezing Orders / Ex Parte Notice of Motion

Legal Issues

  1. 1 ['Whether freezing orders should be made ex parte over assets held by the second defendant, specifically her interest in real estate.' 'Whether there was a sufficient concern that assets may be disposed of so as to defeat any judgment obtained by the plaintiff.' 'Whether ancillary orders requiring affidavits of assets and liabilities and valuations should be made ex parte.']

Ratio Decidendi

The Court made freezing orders because the plaintiff had a non-frivolous claim supported on solid ground, the first defendant had been sentenced for sexual offending against the plaintiff, the second defendant faced pleaded allegations of acts and neglect, and the transfer of the first defendant's interest in real estate to the second defendant for no consideration shortly after the plaintiff gave evidence in criminal proceedings supported a concern that assets might be dissipated to defeat any civil judgment.

Court Disposition

Freezing orders made.

Orders

  • ['Freezing orders directed to assets held by the second defendant, specifically her interest in real estate at xxxx.' 'Ancillary orders requiring the defendants to provide an affidavit setting out their assets and liabilities and a written valuation of assets were not pressed on the ex parte application.'...