Dr Bill Lyon Pty Limited v Smooth as Silk Laser Cosmetic Clinic Pty Limited [2018] NSWSC 1174

Dr Bill Lyon Pty Limited v Smooth as Silk Laser Cosmetic Clinic Pty Limited [2018] NSWSC 1174

Given the second defendant's admission of liability for dishonest conduct and evidence of surreptitious asset sales, the Court found sufficient risk to warrant ordering urgent disclosure by affidavit of the second defendant’s assets, values, and encumbrances, notwithstanding existing undertakings.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Commercial Matter / Application for Ancillary Order (interlocutory)
Outcome
Order made for second defendant to file and serve affidavit of assets, order stayed until 1 August 2018 for further hearing.
Legal Topics
['freezing Orders' 'asset Disclosure' 'fraudulent Conduct' 'interlocutory Relief']
['equity' 'civil Procedure' 'commercial Law'] ['freezing Orders' 'asset Disclosure' 'fraudulent Conduct' 'interlocutory Relief']

Case Brief

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Procedural Posture

Commercial Matter / Application for Ancillary Order (interlocutory)

Legal Issues

  1. 1 ['Whether the second defendant should be ordered to file and serve an affidavit detailing his assets, their values, and liabilities in the context of a freezing order undertaking.' 'Whether the circumstances justify urgent disclosure of assets.']

Ratio Decidendi

Given the second defendant's admission of liability for dishonest conduct and evidence of surreptitious asset sales, the Court found sufficient risk to warrant ordering urgent disclosure by affidavit of the second defendant’s assets, values, and encumbrances, notwithstanding existing undertakings.

Court Disposition

Order made for second defendant to file and serve affidavit of assets, order stayed until 1 August 2018 for further hearing.

Orders

  • ['Order second defendant to file and serve within seven days an affidavit setting out details of his assets, their value, and values of charges, mortgages, or encumbrances.' 'Order stayed until 5pm on 1 August 2018.' 'Matter listed for further hearing at 10am on 1 August 2018 before McDougall J.' 'Notice to produce...