Hillston Grove Vineyards Limited & Anor v. Custodial Limited

The Hillston Grove Vineyards Limited and another, acting as plaintiffs, sought a winding up order for an unregistered investment scheme. The defendant, Custodial Limited, opposed the application, and an application for a freezing order was subsequently filed to prevent payments to investors until the defendant's claims for fees and damages were determined. The court was required to decide whether the defendant's application for a freezing order was competent given the prior dismissal of a similar application to vary the winding up order. The court held that the application for a freezing order was not competent because it had been filed after the previous application to vary the winding up order had been dismissed. The court found that the defendant had not demonstrated any new or changed circumstances that would warrant a different outcome. The court dismissed the application for a freezing order and ordered that costs be assessed on the standard basis.