MTH v State of New South Wales (No 3)

The Court of Appeal of New South Wales considered an application to discharge a freezing order. The applicant was MTH, and the respondents were the State of New South Wales and the estate of the late Geoffrey Croft, represented by a special administrator and administrator ad litem. The dispute concerned the continued operation of a freezing order previously made by Campbell J and subsequently amended by orders of Garling J and Cavanagh J.

The central legal issue before the Court of Appeal was whether the existing freezing order should be discharged. This required the court to assess the continued necessity and appropriateness of the freezing order in light of the circumstances, including the appointment of a special administrator for the estate of the second respondent.

The Court of Appeal ultimately ordered the discharge of the freezing order. The court noted that Monica Ross-Maranik, appointed as special administrator and administrator ad litem for the estate of the late Geoffrey Croft, held responsibility for the administration of that estate. No order was made as to the costs of the application for the discharge of the freezing order.