Jingalong Pty Ltd v Todd (No 3)

Jingalong Pty Ltd sought a freezing order against Todd pending the resolution of an appeal. The matter came before Macfarlan JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant a freezing order to preserve assets pending the outcome of an appeal. This involved considering the usual requirements for such an order, particularly in the context of an appeal where the substantive merits of the underlying dispute were not being re-litigated.

Macfarlan JA considered the principles governing the grant of freezing orders, which typically require the applicant to demonstrate a strong arguable case and a real risk of dissipation of assets. In this instance, the Court was satisfied that the necessary conditions were met, leading to the making of orders in terms of a document initialled by the judge. The specific terms of the freezing order were not detailed in the provided text, but the outcome was the granting of the requested relief.