Rafferty v Time 2000 West Pty Ltd (No 10) [2012] FCA 438

Rafferty v Time 2000 West Pty Ltd (No 10) [2012] FCA 438

The Court retains power to make ancillary orders against non-parties closely involved with property subject to a freezing order to ensure the efficacy of its orders and the judgment, and on the facts, Ms Donovan's status and role justify such disclosure orders despite her not being a party.

Parties
Applicant: Patrick Campbell Rafferty; Applicant: Santora Holdings Pty Ltd ACN 128 467 550; Applicant: Karaville Holdings Pty Ltd ACN 009 439 178; Respondent: Time 2000 West Pty Ltd ACN 127 893 270; Respondent: Time 2000 Systems (Australia) Pty Ltd ACN 127 853 614; Respondent: Time 2000 Operations (Australia) Pty Ltd ACN 128 700 541; Respondent: Embleton Limited (a company incorporated in Hong Kong); Respondent: Stephen Gerard Donovan; Respondent: Madgwicks; Non Party Subject of Orders: Kamila Joanna Donovan; Trustees: Ian Lock and John Sheahan as Trustees in Bankruptcy of Mr Stephen Donovan
Jurisdiction
Australia
Judgment Date
24 April 2012
Procedural Posture
Interlocutory Application / Post Judgment Enforcement, Directions and Ancillary Relief
Outcome
Orders made for disclosure by Ms Donovan and Mr Lo Pilato; further directions listed and costs reserved.
Legal Topics
Freezing Orders, Ancillary Orders, Disclosure of Assets, Powers of the Court Over Non Parties, Bankruptcy
Civil Procedure Insolvency Trusts and Equity Freezing Orders Ancillary Orders Disclosure of Assets Powers of the Court Over Non Parties Bankruptcy

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Parties

Patrick Campbell Rafferty

Applicant

Santora Holdings Pty Ltd ACN 128 467 550

Applicant

Karaville Holdings Pty Ltd ACN 009 439 178

Applicant

Time 2000 West Pty Ltd ACN 127 893 270

Respondent

Time 2000 Systems (Australia) Pty Ltd ACN 127 853 614

Respondent

Time 2000 Operations (Australia) Pty Ltd ACN 128 700 541

Respondent

Embleton Limited (a company incorporated in Hong Kong)

Respondent

Stephen Gerard Donovan

Respondent

Madgwicks

Respondent

Kamila Joanna Donovan

Non Party Subject of Orders

Ian Lock and John Sheahan as Trustees in Bankruptcy of Mr Stephen Donovan

Trustees

Procedural Posture

Interlocutory Application / Post Judgment Enforcement, Directions and Ancillary Relief

Legal Issues

  1. 1 Whether the Court has power to require a non-party (Ms Donovan) to provide information by affidavit as ancillary to freezing orders and judgment enforcement
  2. 2 Whether such orders are justified in the circumstances post-judgment and given recent developments with Gemhall Holdings Pty Ltd

Ratio Decidendi

The Court retains power to make ancillary orders against non-parties closely involved with property subject to a freezing order to ensure the efficacy of its orders and the judgment, and on the facts, Ms Donovan's status and role justify such disclosure orders despite her not being a party.

Court Disposition

Orders made for disclosure by Ms Donovan and Mr Lo Pilato; further directions listed and costs reserved.

Orders

  • Ms Kamila Donovan to file and serve affidavit with detailed disclosures by 2 May 2012.
  • Mr Frank Lo Pilato to file and serve affidavit with required disclosures by 26 April 2012.