| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
DUTY JUDGE – SLOSS J
S ECI 2025 04071
BETWEEN:
| RASIA GROUP (and others according to the Schedule of Parties) | Plaintiffs |
| - v - | |
| MATTHEW PHILLIP CRAWFORD | Defendant |
| - and - | |
| BORANUP HOLDINGS PTY LIMITED (ACN 149 990 803) (and others according to the Schedule of Parties) | Third Party Respondents |
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JUDGE: | Sloss J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 19, 22 September 2025 |
DATE OF JUDGMENT: | 30 September 2025 |
CASE MAY BE CITED AS: | Rasia Group v Crawford (No 2) |
MEDIUM NEUTRAL CITATION: | [2025] VSC 619 |
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PRACTICE AND PROCEDURE – Return of ex parte freezing order against a prospective judgment debtor in a proceeding in a foreign court − Where plaintiffs acknowledged that there was material non-disclosure at ex parte hearing − Where plaintiffs amended their case in the proceeding in the foreign court and sought to have the ex parte freezing order continued or a fresh freezing order made on similar terms − Where plaintiffs established a good arguable case with sufficient prospect of a favourable judgment in the foreign court − Where plaintiffs failed to demonstrate a danger or risk that the defendant will dissipate his assets − Ex parte freezing order discharged – Application for fresh freezing order not granted – Foreign Judgments Act 1991 (Cth) – Foreign Judgments Regulations 1992 (Cth) − Supreme Court General Civil Procedure Rules (2025) (Vic) Order 37A – Inherent jurisdiction of the Court.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Dr O Bigos KC with Ms L Hamzi | Robinson Gill Lawyers |
| For the Defendant and Third Party Respondents | Ms P Thiagarajan SC with Mr N Luxton and Dr M Harding | CMS Cameron McKenna Nabarro Olswang Australia |
TABLE OF CONTENTS
Introduction........................................................................................................................................ 2
The ‘new’ pleaded basis for the claims against Mr Crawford.............................................. 15
The inter partes hearing on 19 September 2025......................................................................... 18
The gist of the dispute between the parties............................................................................. 20
The non-disclosure was inadvertent and a freezing order should be granted........ 20
The defendant contends that there was material non-disclosure when the Freezing Order was made and accordingly the Freezing Order should be discharged forthwith 22
Non-disclosure of material facts at the ex parte hearing...................................................... 22
Consideration and disposition........................................................................................ 26
Consideration and disposition...................................................................................................... 30
Freezing order – applicable legal principles............................................................................... 30
Do the plaintiffs have a ‘good arguable case’ and a realistic or sufficient prospect of success?........................................................................................................................................................ 34
The expert evidence......................................................................................................................... 35
Malicious prosecution................................................................................................................ 40
Whether the defendant was the prosecutor?................................................................. 41
Were the proceedings determined in the plaintiffs’ favour?...................................... 55
Whether the defendant brought the proceedings without reasonable and probable cause?.................................................................................................................................. 59
Whether the defendant bought the proceedings maliciously?................................... 68
Whether the plaintiffs have suffered loss which sounds in damages as a result of the defendant’s actions?.............................................................................................. 70
Conclusion of Mr Quest KC...................................................................................................... 71
Conclusion of Dr Mitchell KC................................................................................................... 71
Consideration and disposition...................................................................................................... 71
Abuse of process......................................................................................................................... 72
Consideration and disposition.................................................................................................. 75
Causing loss by unlawful means.............................................................................................. 75
Consideration and disposition.................................................................................................. 76
Conspiring with intent to…
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- Case
- [2025] VSC 619
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the ex parte freezing order should be discharged or maintained, considering that the plaintiffs had acknowledged material non-disclosure at the initial hearing. Additionally, the plaintiffs had amended their case in the foreign court and sought to either continue the existing order or obtain a fresh one on similar terms. The legal issues included whether the plaintiffs had established a good arguable case and a sufficient prospect of a favourable judgment in the foreign court, as well as whether there was a risk that the defendant would dissipate his assets.
The court found that while the plaintiffs had established a good arguable case and a sufficient prospect of a favourable judgment, they had failed to demonstrate a risk that the defendant would dissipate his assets. Consequently, the ex parte freezing order was discharged, and the application for a fresh freezing order was not granted. The decision was grounded in the Foreign Judgments Act 1991, the Foreign Judgments Regulations 1992, and the Supreme Court General Civil Procedure Rules (2025) (Vic) Order 37A, as well as the inherent jurisdiction of the Court.
The final orders included the discharge of the ex parte freezing order and the refusal to grant a fresh freezing order. The court emphasised the importance of full disclosure and the necessity for applicants to demonstrate a risk of asset dissipation to secure such orders.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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