Mansfield (trustee) v Yang, in the matter of Yang

[2023] FCA 691

FEDERAL COURT OF AUSTRALIA

Mansfield (trustee) v Yang, In the matter of Yang [2023] FCA 691  

File number:	NSD 522 of 2018
Judgment of:	CHEESEMAN J
Date of judgment:	22 June 2023
Date of publication of reasons:	23 June 2023
Catchwords:	BANKRUPTCY AND INSOLVENCY – discharge of freezing order – where the application for the discharge of freezing order was made in interlocutory application filed in a separate proceeding – Held: Orders made discharging freezing orders.
Division:	General Division
Registry:	New South Wales
National Practice Area:	Commercial and Corporations
Sub-area:	Corporations and Corporate Insolvency
Number of paragraphs:	3
Date of hearing:	22 June 2023
Counsel for the Applicant	Mr M Collins
Solicitor for the Applicant	Corrs Chambers Westgarth
Counsel for the First and Second Respondent	Did not appear

ORDERS

NSD 522 of 2018

IN THE MATTER OF THE BANKRUPT ESTATE OF JIN HEUNG YANG

BETWEEN:

MR DAVID IAN MANSFIELD AS TRUSTEE OF THE BANKRUPT ESTATE OF JIN HEUNG

Applicant

AND:

JIN HEUNG YANG

First Respondent

JIM YANG CONSULTANCY PTY LTD ACN 605 896 259

Second Respondent

JIM YANG NOMINEES PTY LTD ACN 137 666 614 (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	CHEESEMAN J
DATE OF ORDER:	22 JUNE 2023

THE COURT ORDERS THAT:

1.Pursuant to r 1.32 of the Federal Court Rules 2011 (Cth) the need to file an interlocutory application in relation to the relief granted by order 2 be dispensed.

2.The freezing order made by Markovic J in respect of Palladium Investments International Pty Ltd ACN 613 148 431 (In Liquidation) on 6 April 2018 and extended until further order by Lee J on 11 April 2018 be discharged.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

CHEESEMAN J

1. In these proceedings on 22 June 2023, I made orders discharging the freezing orders made by Markovic J against Palladium Investments International Pty Ltd ACN 613 148 431 (In Liquidation) on 6 April 2018 and extended by Lee J on 11 April 2018. The freezing orders were made against Palladium on the application of David Ian Mansfield in his capacity as the trustee in bankruptcy of Jin Heung Yang.

2. The application to discharge the freezing orders was made Mr Mansfield in an interlocutory application filed on 31 May 2018 in a separate proceeding: David Ian Mansfield in his capacity as the trustee in bankruptcy of Jin Heung Yang v Palladium Investments International Pty Ltd ACN 613 148 431 & Anor (NSD1130/2018).

3. I considered it appropriate to make the order in this proceeding discharging the freezing orders against Palladium. My reasons for doing so are set out at paragraphs [38] to [40] in Mansfield in his capacity as the trustee in the bankruptcy of Yang v Palladium Investments International Pty Ltd [2023] FCA 690.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Cheeseman.

Associate:

Dated:       23 June 2023

SCHEDULE OF PARTIES

NSD 522 of 2018
Respondents
Fourth Respondent:	JIM YANG PROPERTIES PTY LTD ACN 607 537 824
Fifth Respondent:	PALLADIUM HOLDINGS CORPORATION PTY LTD ACN 613 170 111
Sixth Respondent:	PALLADIUM HOSPITALITY PTY LTD ACN 614 290 667
Seventh Respondent:	PALLADIUM INVESTMENTS INTERNATIONAL PTY LTD ACN 613 148 431