Katrina June Harris v Paul Edward Harris [2014] NSWSC 675

Katrina June Harris v Paul Edward Harris [2014] NSWSC 675

While a prima facie case for a freezing order relating to the development or incumberancing of property 32 was established, no immediate threat of harm was found, and satisfactory undertakings were given by the defendants. Consequently, freezing orders were refused except to the extent of accepting undertakings. No sufficient case was made out for freezing other properties or for other injunctive orders.

Parties
Plaintiff: Katrina June Harris; Respondent: Paul Edward Harris
Jurisdiction
Australia
Judgment Date
09 May 2014
Procedural Posture
Application for Freezing Orders / Interlocutory
Outcome
Freezing order refused except to the extent of accepting undertakings; other applications dismissed; parties granted leave to amend pleadings; costs in the cause.
Legal Topics
Freezing Orders, Family Trusts, Asset Protection
Equity Freezing Orders Family Trusts Asset Protection

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Katrina June Harris

Plaintiff

Paul Edward Harris

Respondent

Procedural Posture

Application for Freezing Orders / Interlocutory

Legal Issues

  1. 1 Whether freezing orders should be granted over assets of a family trust
  2. 2 Whether a prima facie case of the plaintiff was established
  3. 3 Whether there is a danger that any judgment obtained will be unsatisfied due to removal of assets

Ratio Decidendi

While a prima facie case for a freezing order relating to the development or incumberancing of property 32 was established, no immediate threat of harm was found, and satisfactory undertakings were given by the defendants. Consequently, freezing orders were refused except to the extent of accepting undertakings. No sufficient case was made out for freezing other properties or for other injunctive orders.

Court Disposition

Freezing order refused except to the extent of accepting undertakings; other applications dismissed; parties granted leave to amend pleadings; costs in the cause.

Orders

  • Accept plaintiff's undertaking as to damages to support undertaking of defendants as set out in Order 2.
  • Accept undertaking to the court of defendants 1, 2 and 3 as per document M103.