Official Receiver of State of Israel v Raveh

The case of Official Receiver of State of Israel v Raveh involves a dispute where the Official Receiver of the State of Israel sought an asset preservation order against Raveh. The matter was heard in the Supreme Court of Western Australia. The primary legal issue before the court was whether an asset preservation order could be made when no proceeding was pending, based on proceedings that were instituted in the State of Israel, which may lead to a final judgment that could be registered in the Supreme Court of Western Australia.

The court examined the principles governing the issuance of interlocutory injunctions and asset preservation orders. It considered the authority of the English courts to grant such orders, referencing several precedents, including the High Court decisions in Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia and Cardile v LED Builders Pty Ltd. The court also drew upon the House of Lords' decision in Mercedes Benz AG v Leiduck and Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd. The reasoning in these cases emphasized that the power to grant interlocutory relief is dependent on the enforcement of a substantive right and should not be exercised if the underlying right is not subject to the jurisdiction of the court.

In reaching its decision, the court reaffirmed that an asset preservation order could be made in appropriate circumstances to prevent the dissipation of assets that would frustrate the final process of the court and the enforcement of its orders. The court concluded that such an order could be granted even when no proceeding was pending, provided there were proceedings instituted in another jurisdiction that might result in a final judgment that could be registered and enforced in the Australian court. This decision aligns with the principles established in the cited cases, which stress the importance of preventing the frustration of the court's process through the issuance of interlocutory relief.

The final orders of the court allowed the Official Receiver to proceed with the application for an asset preservation order, recognising the potential for a final judgment in the State of Israel that could be registered and enforced in the Supreme Court of Western Australia. This decision underscores the court's willingness to grant interlocutory relief to support the enforcement of substantive rights, even in the absence of pending proceedings, when there is a real possibility of a final judgment in another jurisdiction.