Sydneywide Pipecleaning Pty Ltd v McGee [2016] NSWSC 424

Sydneywide Pipecleaning Pty Ltd v McGee [2016] NSWSC 424

The evidence did not establish a real risk of dissipation of assets with intent to frustrate judgment; the defendants complied with the disclosure order, and the plaintiff's motion for a freezing order is dismissed.

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Notice of Motion / Interlocutory Asset Freezing Injunction Application
Outcome
Notice of Motion dismissed
Legal Topics
['injunctions' 'interlocutory Relief' 'asset Preservation' 'freezing Orders']
['equity' 'civil Procedure'] ['injunctions' 'interlocutory Relief' 'asset Preservation' 'freezing Orders']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Asset Freezing Injunction Application

Legal Issues

  1. 1 ['Whether the evidence justified an asset freezing (Mareva) order against the defendants' 'Whether there was a real risk of dissipation of assets with intent to defeat a future judgment' 'Whether the defendants complied with a previous disclosure order under s 56 Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

The evidence did not establish a real risk of dissipation of assets with intent to frustrate judgment; the defendants complied with the disclosure order, and the plaintiff's motion for a freezing order is dismissed.

Court Disposition

Notice of Motion dismissed

Orders

  • ["The plaintiff's notice of motion filed 1 April 2016 is dismissed." "The plaintiff is to pay the defendants' costs of that notice of motion." 'The proceedings are stood over to Friday, 15 April 2016 at 9.30am before Black J.' 'The parties are directed to communicate with the Associate to Black J to confirm that the...