Yanlord v James Peng [2008] NSWSC 1212

Yanlord v James Peng [2008] NSWSC 1212

The ex parte freezing and disclosure orders should be set aside because of material non-disclosure by the plaintiffs, especially their failure to disclose the reversal of a Hong Kong judgment which was relied upon as evidence Mr Peng could satisfy the loan, and because with the evidence now available there was insufficient material to support continuation of the orders.

Jurisdiction
Australia
Judgment Date
04 November 2008
Procedural Posture
Application for Interlocutory Relief (freezing and Disclosure Orders) / Interlocutory Judgment—application to Discharge Ex Parte Orders
Outcome
Plaintiffs' application for continuation of freezing and disclosure orders dismissed; ex parte orders discharged; plaintiffs to pay defendants' costs.
Legal Topics
['freezing Orders' 'disclosure Orders' 'ex Parte Applications' 'material Non Disclosure' 'interlocutory Injunctions']
['equity' 'civil Procedure'] ['freezing Orders' 'disclosure Orders' 'ex Parte Applications' 'material Non Disclosure' 'interlocutory Injunctions']

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Procedural Posture

Application for Interlocutory Relief (freezing and Disclosure Orders) / Interlocutory Judgment—application to Discharge Ex Parte Orders

Legal Issues

  1. 1 ['Whether freezing and disclosure orders should be continued against the defendant' 'Whether material non-disclosure by the plaintiffs justifies setting aside ex parte orders']

Ratio Decidendi

The ex parte freezing and disclosure orders should be set aside because of material non-disclosure by the plaintiffs, especially their failure to disclose the reversal of a Hong Kong judgment which was relied upon as evidence Mr Peng could satisfy the loan, and because with the evidence now available there was insufficient material to support continuation of the orders.

Court Disposition

Plaintiffs' application for continuation of freezing and disclosure orders dismissed; ex parte orders discharged; plaintiffs to pay defendants' costs.

Orders

  • ['Orders granted ex parte on 27 October 2008 and continued by consent on 4 November 2008 be discharged.' "Plaintiffs' notice of motion filed on 27 October 2008 dismissed." "Plaintiffs to pay defendants' costs of the application for interlocutory relief, assessed and paid forthwith if necessary."]