Gordon v Glowberth Pty Ltd (No 2) [2024] NSWSC 263

Gordon v Glowberth Pty Ltd (No 2) [2024] NSWSC 263

New freezing orders should be made in substantially the form proposed by the plaintiff and agreed by Glowberth, incorporating the amendment to allow payment of reasonable legal costs rather than a capped amount. Costs for both the discharge and new freezing orders applications will be costs in the cause, reflecting the mixed outcome and overall practical result favouring the plaintiff; no order as to costs will be made against the Official Trustee.

Parties
Plaintiff: Jerry Gordon; First Defendant: Glowberth Pty Ltd; Second Defendant: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Interlocutory Application / Post Principal Judgment, Orders Following Submissions
Outcome
existing freezing orders discharged, new freezing orders made, costs in the cause
Legal Topics
Freezing Orders, Costs, Interim Preservation
Civil Procedure Equity Freezing Orders Costs Interim Preservation

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Parties

Jerry Gordon

Plaintiff

Glowberth Pty Ltd

First Defendant

Official Trustee in Bankruptcy

Second Defendant

Procedural Posture

Interlocutory Application / Post Principal Judgment, Orders Following Submissions

Legal Issues

  1. 1 Should new freezing orders be made against Glowberth Pty Ltd to give effect to the Principal Judgment?
  2. 2 How should the costs of the applications to discharge the original freezing orders and for new freezing orders be determined?

Ratio Decidendi

New freezing orders should be made in substantially the form proposed by the plaintiff and agreed by Glowberth, incorporating the amendment to allow payment of reasonable legal costs rather than a capped amount. Costs for both the discharge and new freezing orders applications will be costs in the cause, reflecting the mixed outcome and overall practical result favouring the plaintiff; no order as to costs will be made against the Official Trustee.

Court Disposition

existing freezing orders discharged, new freezing orders made, costs in the cause

Orders

  • Order discharging order 5 against the first defendant made on 20 September 2023, as extended and varied by order 1 made on 22 September 2023 (Freezing Orders)
  • Orders until further order against the first defendant in the form annexed as 'Annexure A' (freezing orders)