Bannister v Healey

[2013] QDC 24

[2013] QDC 24

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 3805 of 2011

NIKKI BANNISTER

Plaintiff

and

DENNIS ALLAN HEALEY

and

ANN LINDEBALD

Defendants

BRISBANE

..DATE 29/01/2013

ORDER

CATCHWORDS

Extension of freezing order against judgment debtors with variations including  release of some assets and authorisation of borrowings on security of another.

HIS HONOUR:  The Court makes an order in terms of the initialled draft.  I've already paid tribute to Mr Wright for his success on behalf of the plaintiff in this unusual matter which, owing to the defendant’s ignoring it, turned into a default judgment for damages for personal injury caused to the plaintiff by a boat.  The plaintiff's damages were assessed in the usual way in an amount which the defendants had little prospect of paying.

Freezing orders, a whole series of them, have been made in the Court to preserve as much value as may be in the defendants' assets in the interests of the plaintiff.

A cooperative attitude has been shown by the defendants.  There's been a successful mediation and the plaintiff has received the bulk of the sum which it was determined ought to be paid at the mediation. The Court hears that there's been cooperation in both directions with the plaintiff granting some indulgences in respect of releasing certain assets.

The point of today's order is to extend the freeze with appropriate variations for a couple of months during which it's anticipated that the male defendant will be able to borrow funds against his remaining substantial asset, which is as it happens another vessel.

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