Marubeni Equipment Finance (Oceania) Pty Ltd v A & H Construction Group Pty Ltd [2021] NSWSC 161

Marubeni Equipment Finance (Oceania) Pty Ltd v A & H Construction Group Pty Ltd [2021] NSWSC 161

The Court was satisfied that service had been effected, the defendants were aware of the hearing but did not appear, the first defendant was in default, demands to return the excavators had not been complied with, and there was evidence suggesting possible sale or retention of the excavators. On the plaintiff giving the required undertakings, a proper basis was made out for a freezing order and an order for delivery up.

Jurisdiction
Australia
Judgment Date
24 February 2021
Procedural Posture
Application for Freezing Order and Delivery Up of Excavators / Ex Tempore Procedural Ruling Before the Commercial List Duty Judge
Outcome
Freezing order and order for delivery up of excavators made.
Legal Topics
['freezing Order' 'delivery Up of Secured Goods' 'chattel Mortgage' 'default Under Finance Arrangements' 'guarantee']
['injunctions' 'commercial Law'] ['freezing Order' 'delivery Up of Secured Goods' 'chattel Mortgage' 'default Under Finance Arrangements' 'guarantee']

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Procedural Posture

Application for Freezing Order and Delivery Up of Excavators / Ex Tempore Procedural Ruling Before the Commercial List Duty Judge

Legal Issues

  1. 1 ['Whether a freezing order should be made against the defendants.' 'Whether an order should be made for delivery up of the excavators.']

Ratio Decidendi

The Court was satisfied that service had been effected, the defendants were aware of the hearing but did not appear, the first defendant was in default, demands to return the excavators had not been complied with, and there was evidence suggesting possible sale or retention of the excavators. On the plaintiff giving the required undertakings, a proper basis was made out for a freezing order and an order for delivery up.

Court Disposition

Freezing order and order for delivery up of excavators made.

Orders

  • ['Upon the plaintiffs, through its counsel, giving to the Court the undertakings set forth in schedule A of the proposed orders, a freezing order was made in accordance with the document headed "Penal Notice" initialled and dated by the Court on 24 February 2021.' 'By 5pm on 26 February 2021, the excavators are to...