Nutek Constructions Pty Ltd v Slotwinski [2017] NSWSC 1795

Nutek Constructions Pty Ltd v Slotwinski [2017] NSWSC 1795

The freezing order had to be set aside because Nutek failed to disclose material matters on the ex parte application, including concessions supporting complete defences to its NCAT claim and information relevant to the value of its undertaking as to damages; those matters should have been disclosed and would have been material to the Duty Judge.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Application to Set Aside Freezing Order Obtained Ex Parte in Aid of NCAT Proceedings / Interlocutory Notice of Motion in the Equity Duty List
Outcome
Freezing order set aside
Legal Topics
['freezing Order' 'ex Parte Relief' 'duty of Full and Frank Disclosure' 'home Warranty Insurance' 'undertaking as to Damages']
['equity' 'civil Procedure' 'injunctions' 'home Building'] ['freezing Order' 'ex Parte Relief' 'duty of Full and Frank Disclosure' 'home Warranty Insurance' 'undertaking as to Damages']

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Procedural Posture

Application to Set Aside Freezing Order Obtained Ex Parte in Aid of NCAT Proceedings / Interlocutory Notice of Motion in the Equity Duty List

Legal Issues

  1. 1 ['Whether Nutek failed to disclose material matters when obtaining the ex parte freezing order.' 'Whether the freezing order should be set aside because of non-disclosure.' "Whether matters concerning home warranty insurance, special condition 6, and Nutek's financial position were material to the ex parte application."]

Ratio Decidendi

The freezing order had to be set aside because Nutek failed to disclose material matters on the ex parte application, including concessions supporting complete defences to its NCAT claim and information relevant to the value of its undertaking as to damages; those matters should have been disclosed and would have been material to the Duty Judge.

Court Disposition

Freezing order set aside

Orders

  • ['The freezing order is set aside.']