Liu v Xiao [2018] NSWSC 1401

Liu v Xiao [2018] NSWSC 1401

Although the plaintiff established a good arguable case on limited evidence, she did not establish a real risk that the defendant would deal with assets so that any judgment would go unsatisfied. The last payment was almost a year earlier, there was no evidence that funds or assets had since been dissipated or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Application for a Freezing Order / Substantive Application for Freezing Order After Short Service and Urgent Hearing Date
Outcome
The plaintiff's application for a freezing order was refused, and the plaintiff was ordered to pay the defendant's costs of the application.
Legal Topics
['freezing Orders' 'interim Preservation' 'good Arguable Case' 'risk of Dissipation of Assets']
['civil Procedure'] ['freezing Orders' 'interim Preservation' 'good Arguable Case' 'risk of Dissipation of Assets']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for a Freezing Order / Substantive Application for Freezing Order After Short Service and Urgent Hearing Date

Legal Issues

  1. 1 ['Whether the plaintiff had established a good arguable case for her claim to monies paid to the defendant.' "Whether there was a risk that any judgment would go unsatisfied because the defendant would deal with assets to place them out of the plaintiff's reach."]

Ratio Decidendi

Although the plaintiff established a good arguable case on limited evidence, she did not establish a real risk that the defendant would deal with assets so that any judgment would go unsatisfied. The last payment was almost a year earlier, there was no evidence that funds or assets had since been dissipated or removed, and the asserted risk was more an assertion than a demonstrated risk.

Court Disposition

The plaintiff's application for a freezing order was refused, and the plaintiff was ordered to pay the defendant's costs of the application.

Orders

  • ["The plaintiff's application for a freezing order is refused." "The plaintiff is to pay the defendant's costs of the application."]