Nutek Constructions Pty Ltd v Slotwinski

Nutek Constructions Pty Ltd sought an ex parte freezing order against Mr Slotwinski, obtained by the Supreme Court of New South Wales, in aid of proceedings before the New South Wales Civil and Administrative Tribunal (NCAT). Nutek alleged that Mr Slotwinski had engaged in a fraudulent scheme to obtain funds from Nutek by falsely representing that he was a qualified builder. The freezing order sought to prevent Mr Slotwinski from disposing of his assets during the pendency of the NCAT proceedings. Mr Slotwinski applied to set aside the freezing order, claiming that Nutek had not disclosed all material matters to the Court, which would have revealed that the freezing order was unnecessary.

The court had to determine whether Nutek had failed to disclose material matters to the Court, and whether the freezing order should be set aside as a result. The court considered the principles of equity, particularly the need for full disclosure of all relevant facts when seeking an injunction. The court also had to consider the extent to which the ex parte nature of the application affected the standard of proof required.

The court found that Nutek had failed to disclose material matters to the Court, including the fact that Mr Slotwinski had already repaid a significant portion of the funds in question. The court held that this omission was significant, as it meant that the freezing order was no longer necessary. The court also noted that the ex parte nature of the application did not alter the requirement for full disclosure, and that the standard of proof required was still high. The court set aside the freezing order, and made no order as to costs.