In the matter of Gondon Five Pty Ltd [2016] NSWSC 1584

In the matter of Gondon Five Pty Ltd [2016] NSWSC 1584

The defendants failed to show that the previous orders, properly construed, prevented payment of reasonable legal expenses as proper trust expenses, so no express variation to insert a carve-out for legal costs was necessary.

Parties
Plaintiff: Tracy Xiaowen Cui; First Defendant: Cui Family Asset Management Pty Limited; Second Defendant: Gondon Five Pty Limited; Third Defendant: Jinsong Cui; Fourth Defendant: Arise Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
18 October 2016
Procedural Posture
Equity Corporations List / Application to Vary Interlocutory Freezing Orders
Outcome
Orders for amendment and further directions; application for particular variation dismissed with costs
Legal Topics
Injunctions, Freezing Orders, Legal Expenses, Derivative Proceedings
Equity Corporations Law Injunctions Freezing Orders Legal Expenses Derivative Proceedings

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Parties

Tracy Xiaowen Cui

Plaintiff

Cui Family Asset Management Pty Limited

First Defendant

Gondon Five Pty Limited

Second Defendant

Jinsong Cui

Third Defendant

Arise Constructions Pty Limited

Fourth Defendant

Procedural Posture

Equity Corporations List / Application to Vary Interlocutory Freezing Orders

Legal Issues

  1. 1 Whether the freezing orders prevent payment of defendants' legal costs
  2. 2 Whether an express carve-out for legal expenses is required in the orders

Ratio Decidendi

The defendants failed to show that the previous orders, properly construed, prevented payment of reasonable legal expenses as proper trust expenses, so no express variation to insert a carve-out for legal costs was necessary.

Court Disposition

Orders for amendment and further directions; application for particular variation dismissed with costs

Orders

  • Interlocutory process of 8 October 2016 amended as specified by consent
  • Paragraph 4 of interlocutory process of 8 October 2016 dismissed with costs assessed at $5,500 payable forthwith