Zhang v Zhang [2022] NSWSC 752

Zhang v Zhang [2022] NSWSC 752

Application to vary the freezing order was refused because Jing Yang did not provide any undertaking to ensure released funds would be used solely for defending proceedings, and unconditional release carried risk funds could be dissipated offshore, defeating Jianjian Zhang's claim.

Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Motion to Vary Freezing Order / Interlocutory Application in Expedition List
Outcome
Motion dismissed
Legal Topics
['freezing Orders' 'variation of Freezing Orders' 'hardship Applications']
['civil Procedure' 'equity'] ['freezing Orders' 'variation of Freezing Orders' 'hardship Applications']

Case Brief

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Procedural Posture

Motion to Vary Freezing Order / Interlocutory Application in Expedition List

Legal Issues

  1. 1 ["Whether the freezing order in aid of Jianjian Zhang's cross-claim should be varied to release funds to Jing Yang on grounds of hardship"]

Ratio Decidendi

Application to vary the freezing order was refused because Jing Yang did not provide any undertaking to ensure released funds would be used solely for defending proceedings, and unconditional release carried risk funds could be dissipated offshore, defeating Jianjian Zhang's claim.

Court Disposition

Motion dismissed

Orders

  • ['Motion dismissed' "Order the applicant pay the respondent's costs of the motion"]