Chong v David [2024] NSWSC 609

Chong v David [2024] NSWSC 609

The notice of motion is dismissed because, although the plaintiff has a good arguable case, she failed to establish with solid evidence that there is a real risk of dissipation of assets by either defendant that would frustrate satisfaction of any judgment; balance of convenience also weighed against granting an order due to delay and lack of explanation.

Parties
Plaintiff: Lee Li Chong; First Defendant: Sid David; Second Defendant: Shilo Consultants Pty Ltd
Jurisdiction
Australia
Judgment Date
21 May 2024
Procedural Posture
Notice of Motion (freezing Orders) in Equity Proceedings / Interlocutory Application Ex Tempore Decision on Motion
Outcome
Notice of motion dismissed. Costs reserved.
Legal Topics
Interim Preservation, Freezing Orders, Risk of Dissipation of Assets
Civil Procedure Equity Interim Preservation Freezing Orders Risk of Dissipation of Assets

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Parties

Lee Li Chong

Plaintiff

Sid David

First Defendant

Shilo Consultants Pty Ltd

Second Defendant

Procedural Posture

Notice of Motion (freezing Orders) in Equity Proceedings / Interlocutory Application Ex Tempore Decision on Motion

Legal Issues

  1. 1 Whether the plaintiff has a good arguable case for freezing orders
  2. 2 Whether there is a solid evidence of a risk of dissipation of assets by the defendants
  3. 3 Whether the balance of convenience supports a grant of the freezing orders

Ratio Decidendi

The notice of motion is dismissed because, although the plaintiff has a good arguable case, she failed to establish with solid evidence that there is a real risk of dissipation of assets by either defendant that would frustrate satisfaction of any judgment; balance of convenience also weighed against granting an order due to delay and lack of explanation.

Court Disposition

Notice of motion dismissed. Costs reserved.

Orders

  • Notice of motion dismissed.
  • Costs of the motion reserved.