Woods v Zamel [2023] FCA 416

Woods v Zamel [2023] FCA 416

The Court found that the applicant had demonstrated a good arguable case and a real risk of dissipation of assets, justifying the making of interim ex parte freezing and ancillary orders to preserve the subject matter pending a further hearing.

Parties
Applicant: Robert Scott Woods; First Respondent: Mario Zamel; Second Respondent: Lina Zamel; Third Respondent: Daniella Zamel; Fourth Respondent: Lubna Hassam Khadr; Fifth Respondent: Zamel Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Bankruptcy and Insolvency / Ex Parte Application for Interim Freezing Order
Outcome
Interim ex parte freezing and ancillary orders granted; matter returnable for further hearing.
Legal Topics
Freezing Order, Ex Parte Interim Relief, Risk of Dissipation of Assets
Bankruptcy and Insolvency Freezing Order Ex Parte Interim Relief Risk of Dissipation of Assets

Case Brief

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Parties

Robert Scott Woods

Applicant

Mario Zamel

First Respondent

Lina Zamel

Second Respondent

Daniella Zamel

Third Respondent

Lubna Hassam Khadr

Fourth Respondent

Zamel Investments Pty Ltd

Fifth Respondent

Procedural Posture

Bankruptcy and Insolvency / Ex Parte Application for Interim Freezing Order

Legal Issues

  1. 1 Whether the applicant is entitled to an ex parte freezing order under rr 7.32 and 7.33 of the Federal Court Rules 2011
  2. 2 Whether there is sufficient risk of asset dissipation to justify interim relief
  3. 3 Whether the applicant has a good arguable case for the final relief sought

Ratio Decidendi

The Court found that the applicant had demonstrated a good arguable case and a real risk of dissipation of assets, justifying the making of interim ex parte freezing and ancillary orders to preserve the subject matter pending a further hearing.

Court Disposition

Interim ex parte freezing and ancillary orders granted; matter returnable for further hearing.

Orders

  • The application is returnable immediately.
  • Freezing and ancillary orders made against respondents, effective until 5 May 2023.