McLeary v Swift [2014] NSWSC 870

McLeary v Swift [2014] NSWSC 870

The freezing order should be extended for a period sufficient for the plaintiff to consider legal advice and commence applications to enforce the orders for specific performance, given ongoing uncertainty about enforcement avenues and potential further proceedings.

Parties
Plaintiff: Jeffrey John McLeary; Defendant: Martin Swift
Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Interlocutory Application / Application for Extension of Freezing Order
Outcome
Freezing order extended; proceedings stood over; liberty to apply granted.
Legal Topics
Freezing Orders, Enforcement of Judgments, Practice and Procedure
Equity Freezing Orders Enforcement of Judgments Practice and Procedure

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Parties

Jeffrey John McLeary

Plaintiff

Martin Swift

Defendant

Procedural Posture

Interlocutory Application / Application for Extension of Freezing Order

Legal Issues

  1. 1 Whether a freezing order should be extended to permit the plaintiff to pursue enforcement of specific performance orders.

Ratio Decidendi

The freezing order should be extended for a period sufficient for the plaintiff to consider legal advice and commence applications to enforce the orders for specific performance, given ongoing uncertainty about enforcement avenues and potential further proceedings.

Court Disposition

Freezing order extended; proceedings stood over; liberty to apply granted.

Orders

  • Freezing orders made in terms of orders 2(a) and 2(b) on 22 March 2013 (but recorded as having been made on 22 April 2013) extended until 5 pm on 26 August 2014.
  • Proceedings stood over to the Registrar's list on 25 August 2014.