Carlisle v Reynolds [2013] NSWSC 1986

Carlisle v Reynolds [2013] NSWSC 1986

The Court was satisfied there was a real risk that the defendant's assets in NSW or Australia would be dealt with so as to frustrate enforcement of any judgment, justifying the freezing order. The application for assessment of costs was struck out due to reliance on a superseded Act, allowing the defendant leave to file an amended application under the correct legislation.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Interlocutory Application / Interlocutory Orders With Reasons
Outcome
Interlocutory orders made: freezing order granted, current application struck out with leave to amend, disclosure and disbursement orders refused, costs order refused at this stage.
Legal Topics
['injunctions' 'assessment of Costs' 'freezing Order' 'legal Professional Act']
['common Law'] ['injunctions' 'assessment of Costs' 'freezing Order' 'legal Professional Act']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Orders With Reasons

Legal Issues

  1. 1 ['Whether a freezing order (Mareva injunction) should be granted over settlement moneys' 'Whether the application for assessment of costs should be struck out' 'Whether disclosure and disbursement orders should be made']

Ratio Decidendi

The Court was satisfied there was a real risk that the defendant's assets in NSW or Australia would be dealt with so as to frustrate enforcement of any judgment, justifying the freezing order. The application for assessment of costs was struck out due to reliance on a superseded Act, allowing the defendant leave to file an amended application under the correct legislation.

Court Disposition

Interlocutory orders made: freezing order granted, current application struck out with leave to amend, disclosure and disbursement orders refused, costs order refused at this stage.

Orders

  • ['Freezing order made over funds up to $141,741.28' 'Application for assessment of costs struck out, with leave to file an amended application' 'Requests that amended application be in specified form or name additional respondents refused' 'Disclosure order refused' 'Disbursement order refused' 'Costs order refused']