Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd (receivers and managers appointed) (No 3) [2022] FCA 951

Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd (receivers and managers appointed) (No 3) [2022] FCA 951

The Court was satisfied on the evidence that there is a strong prima facie case against the new defendants for involvement in an alleged fraudulent scheme, that there is a real risk of dissipation of assets without a freezing order, and that service by ordinary means was impracticable for certain defendants. The balance of convenience required the making of the freezing orders, substituted service, and joinder of the new defendants.

Parties
Plaintiff: Scottish Pacific Business Finance Pty Ltd; First Defendant: Shadi Qaqour; Second Defendant: Wizly Pty Ltd; Third Defendant: Mark Maximos; Fourth Defendant: Omar Jamal Eddine; Fifth Defendant: Penny World Pty Ltd (receivers and managers appointed); Sixth Defendant: Constructions AU Pty Ltd; Seventh Defendant: AndConstruction Pty Ltd; Eighth Defendant: CCS 136 Castkereagh Pty Ltd; Ninth Defendant: Cindy Kilian (AKA Cindy Kilianova, Finnian Ken); Tenth Defendant: Opal International P Pty Ltd; Eleventh Defendant: D R and MConstruction Pty Ltd; Twelfth Defendant: Malixconstructions Pty Ltd; Thirteenth Defendant: Metro Hubb Pty Ltd; Fourteenth Defendant: Secret Sen Pty Ltd
Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Civil / Interlocutory, Application for Freezing Orders, Substituted Service, and Joinder of Parties
Outcome
Freezing orders, substituted service, and joinder granted as sought (with amendments).
Legal Topics
Freezing Orders, Substituted Service, Joinder of Parties, Fraudulent Scheme, Debtor Finance
Practice and Procedure Commercial Law Corporations Law Freezing Orders Substituted Service Joinder of Parties Fraudulent Scheme Debtor Finance

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Parties

Scottish Pacific Business Finance Pty Ltd

Plaintiff

Shadi Qaqour

First Defendant

Wizly Pty Ltd

Second Defendant

Mark Maximos

Third Defendant

Omar Jamal Eddine

Fourth Defendant

Penny World Pty Ltd (receivers and managers appointed)

Fifth Defendant

Constructions AU Pty Ltd

Sixth Defendant

AndConstruction Pty Ltd

Seventh Defendant

CCS 136 Castkereagh Pty Ltd

Eighth Defendant

Cindy Kilian (AKA Cindy Kilianova, Finnian Ken)

Ninth Defendant

Opal International P Pty Ltd

Tenth Defendant

D R and MConstruction Pty Ltd

Eleventh Defendant

Malixconstructions Pty Ltd

Twelfth Defendant

Metro Hubb Pty Ltd

Thirteenth Defendant

Secret Sen Pty Ltd

Fourteenth Defendant

Procedural Posture

Civil / Interlocutory, Application for Freezing Orders, Substituted Service, and Joinder of Parties

Legal Issues

  1. 1 Whether it is appropriate to grant freezing orders against the new defendants
  2. 2 Whether substituted service and service outside the jurisdiction should be ordered
  3. 3 Whether the new defendants should be joined as parties to the proceeding

Ratio Decidendi

The Court was satisfied on the evidence that there is a strong prima facie case against the new defendants for involvement in an alleged fraudulent scheme, that there is a real risk of dissipation of assets without a freezing order, and that service by ordinary means was impracticable for certain defendants. The balance of convenience required the making of the freezing orders, substituted service, and joinder of the new defendants.

Court Disposition

Freezing orders, substituted service, and joinder granted as sought (with amendments).

Orders

  • Leave to file and proceed on the interlocutory process granted.
  • Dispensation of ordinary service rules for certain documents and parties.