Certane CT Pty Ltd v Wang

[2025] ACTSC 420

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Certane CT Pty Ltd v Wang

Citation: 

[2025] ACTSC 420

Hearing Date: 

5 September 2025

Decision Date: 

5 September 2025

Reasons Date: 

17 September 2025

Before:

Taylor J

Decision: 

See [72].

Catchwords: 

PRACTICE AND PROCEDURE – FREEZING ORDERS – Ex-parte application – alleged indicative steps of assets being dissipated – whether there is a danger that any prospective judgment debt will not be satisfied – whether the evidence establishes a good arguable case – whether balance of convenience favours making the orders – relief sought granted

Legislation Cited:

Court Procedures Rules 2006 (ACT), rr 741, 743

Land Titles Act 1925 (ACT), s 93

Cases Cited:

Blue Mirror Pty Ltd v Pegasus Australia Developments Pty Ltd [2021] NSWSC 961

Chong v Huang [2021] ACTSC 310

Owen v Owen [2019] ACTSC 108

Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319

Parties: 

Certane CT Pty Ltd ( Plaintiff)

Jin Wang ( Defendant)

Representation: 

Counsel

B Buckland ( Plaintiff)

Solicitors

Thomson Geer ( Plaintiff)

File Number:

SC 336 of 2025

TAYLOR J:

Introduction

1․This matter came before me on an urgent duty and ex parte basis by way of an originating application. The relief sought in the application was as follows:

Ex parte/short service orders

1.The Plaintiff has leave to file in Court this Originating Process and the Supporting Affidavits.

2.An order that, in the first instance, service of this Originating Process be dispensed with.

3.An order that, in the first instance, this Originating Process be returnable instanter.

4.An order that the Plaintiff serve a copy of:

·      this Originating Process

·      the Supporting Affidavits

·      any orders made by the Court in the first instance (Freezing Order Documents)

on the Defendant.

5.An order that the Freezing Order Documents be served on the Defendant by leaving a copy of the Freezing Order Documents at the O'Malley Property under covering letter addressed to the Defendant.

6.An order that the time for service of the material referred to in the preceding paragraph of this order be abridged to 5:00pm AEST on the date the business day after the first hearing of this Originating Process.

7.Subject to further order of the Court, an order that this Originating Process be returnable on a date convenient to the Court for a further hearing in respect of the orders sought by the plaintiffs in paragraph 8 below.

Interim asset preservation orders

8.Upon the Plaintiff, by its counsel, giving the usual undertaking as to damages, freezing orders against the Defendant in accordance with Order A to this Originating Process.

Notice of orders to third parties

9.To the extent necessary, the Plaintiff has leave to give notice of any orders made to:

·      the relevant authorities that record, control and regulate the ownership of real property, motor vehicles and maritime vessels and craft;

·      any bank, building society, cryptocurrency exchange or other financial; institution with which, to the best of the plaintiff's belief, the Defendant may operate an account or hold…