Strange v Turnbull; McKenzie v Turnbull (No 2) [2020] NSWSC 1924

Strange v Turnbull; McKenzie v Turnbull (No 2) [2020] NSWSC 1924

Given the ongoing lack of communication regarding the proceeds of sale and assets, the impossibility of effective personal service due to extraordinary circumstances, and the need to ensure Ms Turnbull is informed of the proceedings, it is appropriate to extend the freezing orders and grant leave to the judgment creditors to use documents obtained from earlier proceedings for the purpose of notification, constituting special circumstances for release from the implied undertaking.

Jurisdiction
Australia
Judgment Date
30 December 2020
Procedural Posture
Civil / Interlocutory Application; Extension of Freezing Orders; Application for Release From Implied Undertaking
Outcome
Interim freezing orders extended; leave granted for use of documents subject to implied undertaking; matter stood over for further hearing.
Legal Topics
['interim Preservation' 'freezing Orders' 'implied Undertakings' 'release From Implied Undertaking' 'service of Process']
['civil Procedure'] ['interim Preservation' 'freezing Orders' 'implied Undertakings' 'release From Implied Undertaking' 'service of Process']

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Procedural Posture

Civil / Interlocutory Application; Extension of Freezing Orders; Application for Release From Implied Undertaking

Legal Issues

  1. 1 ['Whether to extend interim freezing orders to preserve sale proceeds and other assets pending further hearing' 'Whether to release judgment creditors from the Harman implied undertaking to allow the use of information for the purpose of serving notice']

Ratio Decidendi

Given the ongoing lack of communication regarding the proceeds of sale and assets, the impossibility of effective personal service due to extraordinary circumstances, and the need to ensure Ms Turnbull is informed of the proceedings, it is appropriate to extend the freezing orders and grant leave to the judgment creditors to use documents obtained from earlier proceedings for the purpose of notification, constituting special circumstances for release from the implied undertaking.

Court Disposition

Interim freezing orders extended; leave granted for use of documents subject to implied undertaking; matter stood over for further hearing.

Orders

  • ['Orders 6, 7, 8, 9 and 10 made on 24 December in respect of each proceedings are extended until 5pm on 8 January 2021 or further order of the Court.' 'Judgment creditors are granted leave to use relevant documents for the purposes of identifying email addresses and phone numbers through which they may attempt to...