Di Palma v Chimmalee (No 3) [2021] NSWSC 1066

Di Palma v Chimmalee (No 3) [2021] NSWSC 1066

The release of funds to Mr Evans was refused, and preservation orders were made, because Mr Evans had not satisfied the Court that he presently required access to the Chimmalee IMB account to meet living expenses, the evidence indicated the funds may be tainted as proceeds of crime, and there were competing claims to the funds. The interests of justice were best served by preserving the account pending the outcome of the criminal proceedings so that the competing interests could later be properly determined.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Civil Procedure; Interim Preservation; Freezing Orders / Notices of Motion Concerning Release and Preservation of Funds Subject to Freezing Orders
Outcome
Second defendant's application for release of funds refused; NSW Police motion granted in substance; funds preserved pending the criminal proceedings; limited costs order made for filing fees and otherwise no order as to costs.
Legal Topics
['freezing Orders' 'interim Preservation' 'living Expenses Carveout' 'competing Claims to Frozen Funds' 'confiscation of Proceeds of Crime']
['civil Procedure' 'equity' 'criminal Assets Confiscation'] ['freezing Orders' 'interim Preservation' 'living Expenses Carveout' 'competing Claims to Frozen Funds' 'confiscation of Proceeds of Crime']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure; Interim Preservation; Freezing Orders / Notices of Motion Concerning Release and Preservation of Funds Subject to Freezing Orders

Legal Issues

  1. 1 ["Whether the second defendant should be granted access to funds in the first defendant's IMB Bank account for past rent and living expenses." "Whether funds in the first defendant's IMB Bank account should be preserved pending the outcome of the first defendant's criminal proceedings." 'Whether orders ancillary to existing freezing orders should be made to prevent disbursement of the funds.']

Ratio Decidendi

The release of funds to Mr Evans was refused, and preservation orders were made, because Mr Evans had not satisfied the Court that he presently required access to the Chimmalee IMB account to meet living expenses, the evidence indicated the funds may be tainted as proceeds of crime, and there were competing claims to the funds. The interests of justice were best served by preserving the account pending the outcome of the criminal proceedings so that the competing interests could later be properly determined.

Court Disposition

Second defendant's application for release of funds refused; NSW Police motion granted in substance; funds preserved pending the criminal proceedings; limited costs order made for filing fees and otherwise no order as to costs.

Orders

  • ['Direct the Notice of Motion filed by the Commissioner of NSW Police on 10 August 2021 be returnable before Henry J at the hearing on 13 August 2021 and vacate the listing before Registrar Walton on 30 August 2021.' 'Grant leave to Mr Chen of Ren Zhou Lawyers to be heard as an interested party pursuant to s 23 of...