Fishburn v Ferguson [2019] NSWSC 542

Fishburn v Ferguson [2019] NSWSC 542

An interim freezing order was appropriate until the next hearing. Although the defendant and Judith Bray-Ferguson were separated, the legal status of their assets made it appropriate for Judith Bray-Ferguson also to be subject to an order freezing jointly owned assets. The defendant was given a date to file any defence, and the plaintiff was given leave to approach the Registrar for a further hearing date.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Common Law; Civil Procedure Interim Preservation Application / Notice of Motion for Freezing Orders
Outcome
Interim freezing order granted until the next hearing, with directions for any defence and for the plaintiff to seek a further hearing date from the Registrar.
Legal Topics
['interim Preservation' 'freezing Orders']
['civil Procedure'] ['interim Preservation' 'freezing Orders']

Case Brief

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Procedural Posture

Common Law; Civil Procedure Interim Preservation Application / Notice of Motion for Freezing Orders

Legal Issues

  1. 1 ['Whether to make a freezing order until the next hearing against Robert Ferguson and Judith Bray-Ferguson.' 'Whether to set a timetable for any defence to the notice of motion and for a further hearing date.']

Ratio Decidendi

An interim freezing order was appropriate until the next hearing. Although the defendant and Judith Bray-Ferguson were separated, the legal status of their assets made it appropriate for Judith Bray-Ferguson also to be subject to an order freezing jointly owned assets. The defendant was given a date to file any defence, and the plaintiff was given leave to approach the Registrar for a further hearing date.

Court Disposition

Interim freezing order granted until the next hearing, with directions for any defence and for the plaintiff to seek a further hearing date from the Registrar.

Orders

  • ["Until the next hearing in this matter, there be a freezing order pursuant to r 25.14 of the Uniform Civil Procedure Rules 2005 (NSW) against the defendant, Robert Ferguson, and the defendant's wife, Judith Bray-Ferguson in accordance with the draft freezing orders attached to the notice of motion filed 12 April...