Rafferty v Time 2000 West Pty Ltd (No 9) [2011] FCA 1483

Rafferty v Time 2000 West Pty Ltd (No 9) [2011] FCA 1483

The application to discharge the freezing orders is dismissed, and the orders are to stand, as sought by the applicants, so as to preserve assets pending resolution of the respondents' appeal and likely bankruptcy of Mr Donovan; the purpose of the freezing orders would be defeated if Time Apartments were appointed trustee or distributions were made which put assets beyond reach of creditors.

Jurisdiction
Australia
Judgment Date
21 December 2011
Procedural Posture
Application / Post Judgment, Application to Vary/discharge Freezing Orders
Outcome
Application by Mrs Donovan and Gemhall dismissed; freezing orders to stand, with variation as per applicants' request.
Legal Topics
['freezing Orders' 'trustee Powers' 'asset Preservation' 'bankruptcy']
['practice and Procedure'] ['freezing Orders' 'trustee Powers' 'asset Preservation' 'bankruptcy']

Case Brief

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Procedural Posture

Application / Post Judgment, Application to Vary/discharge Freezing Orders

Legal Issues

  1. 1 ['Whether freezing orders should be varied or discharged' 'Whether proposed variations defeat the purpose of existing orders' 'Whether actions to change trustee or distribute assets would put assets beyond reach of creditors']

Ratio Decidendi

The application to discharge the freezing orders is dismissed, and the orders are to stand, as sought by the applicants, so as to preserve assets pending resolution of the respondents' appeal and likely bankruptcy of Mr Donovan; the purpose of the freezing orders would be defeated if Time Apartments were appointed trustee or distributions were made which put assets beyond reach of creditors.

Court Disposition

Application by Mrs Donovan and Gemhall dismissed; freezing orders to stand, with variation as per applicants' request.

Orders

  • ['Paragraph 5 of orders made by Justice Besanko on 19 December 2008 be varied as set out in paragraph 2 but otherwise remain in force.' 'Fifth respondent and Kamila Joanna Donovan restrained from: causing or permitting any dealing with shares in Gemhall Holdings Pty Limited; appointing any other person as director...