Jingalong Pty Ltd v Todd (No 3) [2014] NSWCA 353

Jingalong Pty Ltd v Todd (No 3) [2014] NSWCA 353

A further freezing order is appropriate in the interests of justice to preserve assets pending resolution of the appeal, but the evidence does not establish that recoverable costs at first instance will exceed $50,000; therefore, the freezing order amount is set at $50,000.

Parties
Applicant: Gregory George Todd; First Respondent: Jingalong Pty Ltd; Second Respondent: Brett Pernice
Jurisdiction
Australia
Judgment Date
13 October 2014
Procedural Posture
Interlocutory Application / Application for Freezing Order Pending Resolution of Appeal
Outcome
Freezing order granted in the amount of $50,000 against Jingalong Pty Ltd; application for security for costs outstanding; no special order for costs; arrangement reached with second respondent.
Legal Topics
Freezing Orders, Costs, Interlocutory Applications
Practice and Procedure Freezing Orders Costs Interlocutory Applications

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Gregory George Todd

Applicant

Jingalong Pty Ltd

First Respondent

Brett Pernice

Second Respondent

Procedural Posture

Interlocutory Application / Application for Freezing Order Pending Resolution of Appeal

Legal Issues

  1. 1 Should a further freezing order be made to preserve assets for potential costs order pending resolution of appeal?
  2. 2 What is the appropriate amount for the freezing order?
  3. 3 Is there a need for a special order for costs?

Ratio Decidendi

A further freezing order is appropriate in the interests of justice to preserve assets pending resolution of the appeal, but the evidence does not establish that recoverable costs at first instance will exceed $50,000; therefore, the freezing order amount is set at $50,000.

Court Disposition

Freezing order granted in the amount of $50,000 against Jingalong Pty Ltd; application for security for costs outstanding; no special order for costs; arrangement reached with second respondent.

Orders

  • Orders made in terms of the document initialled by Macfarlan JA and placed with the papers.