Gang Xu v Oil Funds Management Pty Limited ACN 640 360 247 [2022] NSWSC 1790

Gang Xu v Oil Funds Management Pty Limited ACN 640 360 247 [2022] NSWSC 1790

The application to increase the amount allowed for legal expenses under the freezing order is premature and should not be granted until the defendants are able to inform the Court of the nature of their defence.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Notice of Motion Seeking Variation of Freezing Orders / Interlocutory Hearing
Outcome
Application stood over; costs order made
Legal Topics
['freezing Orders' 'variation Application' 'legal Expenses']
['civil Procedure'] ['freezing Orders' 'variation Application' 'legal Expenses']

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Procedural Posture

Notice of Motion Seeking Variation of Freezing Orders / Interlocutory Hearing

Legal Issues

  1. 1 ["Whether the freezing order should be varied to permit an increase in the amount available for defendants' reasonable legal expenses"]

Ratio Decidendi

The application to increase the amount allowed for legal expenses under the freezing order is premature and should not be granted until the defendants are able to inform the Court of the nature of their defence.

Court Disposition

Application stood over; costs order made

Orders

  • ['Stand the motion over before Cavanagh J to 10am on 1 February 2023.' 'Vacate the directions hearing before the Registrar on 6 February 2023.' 'Orders for the future conduct of the matter to be made on 1 February 2023.' "First and second defendants to pay the plaintiff's costs of today's proceedings."]