Lets Go Adventures Pty Limited v Barrett [2018] NSWCA 2

Lets Go Adventures Pty Limited v Barrett [2018] NSWCA 2

The freezing orders were extended because there remained sufficient reason to apprehend that, without restraint, funds otherwise available to meet the applicant's costs orders might be improperly dissipated, while the apparent arm's length sale of the Gateshead property should be allowed to complete and the net proceeds paid into court pending investigation of the claimed interests of Mr Barrett's sons.

Jurisdiction
Australia
Judgment Date
16 January 2018
Procedural Posture
Practice and Procedure Application for Extension of Freezing Order / Application to Extend Ex Parte Freezing Order and for Affidavit of Discovery of Assets
Outcome
Freezing orders extended on modified terms; sale permitted to complete; net proceeds ordered to be paid into court; asset disclosure and document production ordered; proceedings transferred to the Equity Division.
Legal Topics
['freezing Order' 'costs Orders' 'discovery of Assets' 'transfer to Equity Division']
['practice and Procedure'] ['freezing Order' 'costs Orders' 'discovery of Assets' 'transfer to Equity Division']

Case Brief

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Procedural Posture

Practice and Procedure Application for Extension of Freezing Order / Application to Extend Ex Parte Freezing Order and for Affidavit of Discovery of Assets

Legal Issues

  1. 1 ['Whether the freezing orders made on 10 January 2018 should be extended.' 'Whether completion of the sale of 9 Heshbon Street, Gateshead should be permitted and how the net proceeds should be dealt with.' 'Whether Mr Barrett should be required to provide an affidavit of discovery of assets and documents relating to the Gateshead property.' 'Whether the proceedings should be transferred to the Equity Division.']

Ratio Decidendi

The freezing orders were extended because there remained sufficient reason to apprehend that, without restraint, funds otherwise available to meet the applicant's costs orders might be improperly dissipated, while the apparent arm's length sale of the Gateshead property should be allowed to complete and the net proceeds paid into court pending investigation of the claimed interests of Mr Barrett's sons.

Court Disposition

Freezing orders extended on modified terms; sale permitted to complete; net proceeds ordered to be paid into court; asset disclosure and document production ordered; proceedings transferred to the Equity Division.

Orders

  • ['Subject to order 2, the freezing orders made in the proceedings were extended up to and including 13 February 2018.' 'The freezing orders do not prohibit the respondent from completing the contract for sale of 9 Heshbon Street, Gateshead made between the respondent and Seamus Walsh Pty Ltd and dated 15 December...