Mete Corporation Group Pty Ltd v Sarina [2020] NSWSC 1304

Mete Corporation Group Pty Ltd v Sarina [2020] NSWSC 1304

The freezing order application was misconceived; the property was not owned by the defendant, and no evidence established risk of dissipation of assets, nor were appropriate proprietary claims pleaded. Costs awarded to respondents with $15,000 to be paid to Willela on account.

Parties
First Plaintiff/first Applicant: Mete Corp Group Pty Ltd; Second Plaintiff/second Applicant: Abraham Mete; Defendant/first Respondent: Clinton Sarina; Second Respondent: Willela Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Interlocutory Application / Dismissal of Interim Freezing Orders and Costs Determination
Outcome
freezing orders discharged; plaintiffs' notice of motion dismissed; costs reserved and awarded; payment on account of costs ordered
Legal Topics
Freezing Orders, Interlocutory Injunction, Costs, Proprietary Relief
Civil Procedure Equity Freezing Orders Interlocutory Injunction Costs Proprietary Relief

Case Brief

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Parties

Mete Corp Group Pty Ltd

First Plaintiff/first Applicant

Abraham Mete

Second Plaintiff/second Applicant

Clinton Sarina

Defendant/first Respondent

Willela Holdings Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Dismissal of Interim Freezing Orders and Costs Determination

Legal Issues

  1. 1 Whether freezing orders should be granted against the defendant and company
  2. 2 Whether costs should be awarded and paid immediately to a non-party respondent

Ratio Decidendi

The freezing order application was misconceived; the property was not owned by the defendant, and no evidence established risk of dissipation of assets, nor were appropriate proprietary claims pleaded. Costs awarded to respondents with $15,000 to be paid to Willela on account.

Court Disposition

freezing orders discharged; plaintiffs' notice of motion dismissed; costs reserved and awarded; payment on account of costs ordered

Orders

  • Discharge order 4 made by Robb J on 27 July, as varied and extended by Lindsay J in Orders 1 and 2 made on 3 August.
  • Dismiss the plaintiffs' notice of motion filed 27 July 2020.