DIC Australia Pty Limited v Quality Print Group Pty Ltd [2010] NSWSC 636

DIC Australia Pty Limited v Quality Print Group Pty Ltd [2010] NSWSC 636

A freezing order is justified because the evidence indicates there is a danger that a prospective judgment of the District Court may not be satisfied due to apparent asset disposal, and no assurance was provided that assets would not be dealt with in a way preventing satisfaction of judgment.

Parties
Plaintiff: DIC Australia Pty Limited; First Defendant: Quality Print Group Pty Ltd; Second Defendant: The Quality Group Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Urgent Application for Freezing Order / Ex Parte Interim Orders
Outcome
Freezing order granted with limited duration; leave to file summons and affidavit; directions for notification and further hearing
Legal Topics
Injunction, Freezing Order
Civil Procedure Injunction Freezing Order

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Parties

DIC Australia Pty Limited

Plaintiff

Quality Print Group Pty Ltd

First Defendant

The Quality Group Australia Pty Ltd

Second Defendant

Procedural Posture

Urgent Application for Freezing Order / Ex Parte Interim Orders

Legal Issues

  1. 1 Whether a freezing order should be granted to restrain disposal or diminution of defendants' assets pending determination of claim

Ratio Decidendi

A freezing order is justified because the evidence indicates there is a danger that a prospective judgment of the District Court may not be satisfied due to apparent asset disposal, and no assurance was provided that assets would not be dealt with in a way preventing satisfaction of judgment.

Court Disposition

Freezing order granted with limited duration; leave to file summons and affidavit; directions for notification and further hearing

Orders

  • Orders 1 to 15 of the Penal Order against First Defendant until 10am 15 June 2010 on plaintiff's undertaking as to damages
  • Orders 1 to 15 of the Penal Order against Second Defendant until 10am 15 June 2010 on plaintiff's undertaking as to damages