B1 v B2 (No. 3)

The case of B1 v B2 (No. 3) involved a defamation proceeding where the plaintiff, B1, sought to enforce a judgment against his former wife, B2. B1 had obtained a judgment for defamation damages against B2 and was seeking to execute this judgment against B2’s assets. B1 was not informed about the sale of B2’s home, which he considered to be her sole asset of substance. Consequently, B1 applied for freezing orders to prevent the proceeds from the sale of the home being dissipated. The court was required to determine whether there was a good arguable case that B2 had assets that could satisfy the judgment and whether any prospective judgment would be partly or wholly unsatisfied if the orders were not made.

The court examined whether B1 had demonstrated a good arguable case that B2 had an asset that could satisfy the judgment. It was found that B1 had not sufficiently demonstrated the existence of the asset or its value. However, the court was also required to consider whether the judgment would be partly or wholly unsatisfied if the orders were not made. The court noted that B2 had sold her home and that the proceeds from this sale were potentially available to satisfy the judgment. The court determined that there was a risk that the proceeds could be dissipated, which would result in B1's judgment being wholly unsatisfied. The court also found that the balance of convenience favoured the making of the freezing orders.

The court made the freezing orders on an interim basis, pending the final determination of the application. The orders restrained B2 from disposing of or dealing with the proceeds from the sale of her home until the application was finally determined. The court emphasised that the orders were not a final determination of the merits of the application and that B2 would have the opportunity to make submissions against the making of the orders on a final basis. The orders were designed to protect B1's judgment debt and ensure that it could be satisfied if B1 was ultimately successful in the proceedings.