Bennett (bht Jones) v State of New South Wales & Anor. [2022] NSWSC 1406

Bennett (bht Jones) v State of New South Wales & Anor. [2022] NSWSC 1406

The application for an ex parte freezing order was refused because there was no substantial evidence of a real danger that the second defendant would dispose of property; assertions alone, without demonstrable conduct or risk, are insufficient to justify the exceptional remedy sought.

Jurisdiction
Australia
Judgment Date
17 October 2022
Procedural Posture
Civil / Interlocutory Application—notice of Motion for Ex Parte Freezing Order
Outcome
Notice of motion dismissed; plaintiff to bear his own costs for the motion; procedural directions for further motion if required.
Legal Topics
['freezing Orders' 'ex Parte Applications' 'interlocutory Relief']
['civil Procedure'] ['freezing Orders' 'ex Parte Applications' 'interlocutory Relief']

Case Brief

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Procedural Posture

Civil / Interlocutory Application—notice of Motion for Ex Parte Freezing Order

Legal Issues

  1. 1 ["Whether an ex parte freezing order should be granted against the second defendant's assets" 'Whether there is a real danger that any judgment will be frustrated by disposal of property']

Ratio Decidendi

The application for an ex parte freezing order was refused because there was no substantial evidence of a real danger that the second defendant would dispose of property; assertions alone, without demonstrable conduct or risk, are insufficient to justify the exceptional remedy sought.

Court Disposition

Notice of motion dismissed; plaintiff to bear his own costs for the motion; procedural directions for further motion if required.

Orders

  • ["Dismiss the plaintiff's notice of motion filed 12 September 2022." 'No order as to costs such that the plaintiff bear his own costs of, and incidental to, the notice of motion.' 'Direct that, to the extent that leave under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) is necessary to commence these...