Kuo v Barrow-Yu

[2025] ACTSC 259

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Kuo v Barrow-Yu

Citation: 

[2025] ACTSC 259

Hearing Date: 

18 June 2025

Decision Date: 

19 June 2025

Before:

Mossop J

Decision: 

See [25] and the Penal Notice Schedule

Catchwords: 

PRACTICE AND PROCEDURE – FREEZING ORDERS – Ex parte application – where proceedings ongoing in Victorian County Court – where a previously granted freezing order restraining property in favour of other plaintiffs still in force – where the same property now sought to be frozen by present plaintiffs – sufficient prospect that present plaintiffs will obtain favourable order in Victoria enforceable in this court – sufficient risk that defendants, or entities in their control, will secure the discharge of the existing freezing order and dispose of the assets – freezing order made

PRACTICE AND PROCEDURE – JOINDER – Ex parte application – where freezing order made in existing proceedings – where present plaintiffs seek freezing order over the same assets – where existing proceedings solely concerned the enforcement of a judgment debt – where judgment debt since paid – not appropriate to permit joinder

Legislation Cited: 

Court Procedures Rules 2006 (ACT), r 743

Cases Cited: 

LB Business Pty Ltd v Feng [2024] ACTSC 102

Parties: 

Yi-Ling Kuo (First Plaintiff)

Gavin Chen (Second Plaintiff)

Lawrence Barrow-Yu (First Defendant)

Stephen Barrow-Yu (Second Defendant)

The Barrow-Yu Trading Pty Ltd (Third Defendant)

Representation: 

Counsel

D Gang (Plaintiffs)

Solicitors

Avia Lawyers (Plaintiffs)

File Number:

SC 222 of 2025

MOSSOP J:  

Introduction

1․This is an application for a freezing order relating to two properties in Canberra. The applicants for the orders, Yi‑Ling Kuo (also known as Amy Kuo) and Gavin Chen, seek to replicate a freezing order already in existence in proceedings between Shin‑Ching Ho (also known as Tom Ho) and Yu Fen Chou (also known as Joanna Chou) and the defendants. The defendants are two individuals and a company: Lawrence Barrow‑Yu, Stephen Barrow‑Yu and The Barrow‑Yu Trading Pty Ltd. For ease of reference, these persons will be referred to in these reasons by their English first names:

(a)Amy and Gavin, the present applicants for the freezing order;

(b)Tom and Joanna, the beneficiaries of the existing freezing order; and

(c)Lawrence and Stephen, the individual defendants in the current proceedings.

2․The Barrow‑Yu Trading Pty Ltd will be referred to as the Company.

Background

Tom and Joanna

3․In proceedings SC 102 of 2025, Tom and Joanna sought a freezing order in relation to two Canberra properties. Those two properties were two units identified by certificates of title volume 3002, folios 263 and 267. The application was made, and orders were granted, on 31 March 2025. The reasons for the making of the orders were not put before the court on the present application. However, the evidence discloses that it was made in the following circumstances:

(a)Tom and Joanna are husband and wife.

(b)In May 2024, Tom and Joanna commenced legal proceedings in the County Court of Victoria against Lawrence and Stephen to recover $800,000 that had been lent to them,…