Care A2 Plus Pty Ltd v Pichardo [2023] NSWCA 156

Care A2 Plus Pty Ltd v Pichardo [2023] NSWCA 156

The applicants failed to establish either a good arguable case on appeal against the respondent or that there was a danger a prospective judgment would be wholly or partly unsatisfied; therefore, the freezing order was refused and the notice of motion dismissed.

Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Notice of Motion (interlocutory Application) / Application for Freezing Order Pending Appeal
Outcome
Notice of motion dismissed
Legal Topics
['freezing Orders' 'interim Preservation' 'application Pending Appeal']
['civil Procedure'] ['freezing Orders' 'interim Preservation' 'application Pending Appeal']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion (interlocutory Application) / Application for Freezing Order Pending Appeal

Legal Issues

  1. 1 ['Whether applicants established a good arguable case for a freezing order pending appeal' 'Whether there is a danger that a prospective judgment will be wholly or partly unsatisfied']

Ratio Decidendi

The applicants failed to establish either a good arguable case on appeal against the respondent or that there was a danger a prospective judgment would be wholly or partly unsatisfied; therefore, the freezing order was refused and the notice of motion dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • ['Notice of motion dismissed' "The applicants pay the respondent's costs"]