Fairfield Pastoral Holdings Pty Ltd v Ridge Estate Pty Ltd [2019] FCA 536

Fairfield Pastoral Holdings Pty Ltd v Ridge Estate Pty Ltd [2019] FCA 536

The evidence did not establish that the undertakings as to damages offered by the applicants or by Mr Hamilton were of substance or worth. Hence, the application for a further freezing order was dismissed.

Jurisdiction
Australia
Judgment Date
02 April 2019
Procedural Posture
Application for Freezing Order (interlocutory Relief) / Interlocutory Application Determination
Outcome
Application for further freezing order dismissed.
Legal Topics
['interim Freezing Orders' 'undertakings as to Damages' 'adequacy of Undertakings' 'interlocutory Injunctions']
['practice and Procedure' 'commercial Law'] ['interim Freezing Orders' 'undertakings as to Damages' 'adequacy of Undertakings' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Application for Freezing Order (interlocutory Relief) / Interlocutory Application Determination

Legal Issues

  1. 1 ['Whether a further freezing order should be made against the First Respondent' 'Whether the undertakings as to damages provided by the Applicants are adequate']

Ratio Decidendi

The evidence did not establish that the undertakings as to damages offered by the applicants or by Mr Hamilton were of substance or worth. Hence, the application for a further freezing order was dismissed.

Court Disposition

Application for further freezing order dismissed.

Orders

  • ['The application in paragraph 2 for interlocutory relief (freezing order) is dismissed.' 'The Freezing Order made on 19 March 2019 is discharged with immediate effect.' "The Applicants must pay the First Respondent's costs of and incidental to paragraph 2 in the interlocutory relief application."]