Seeley International Pty Ltd v Millennium Electronics Pty Ltd (in Liq) (No 5)

[2021] SASC 95

SUPREME COURT OF SOUTH AUSTRALIA

(Civil: Application)

SEELEY INTERNATIONAL PTY LTD v MILLENNIUM ELECTRONICS PTY LTD (IN LIQ) (No 5)

[2021] SASC 95

Judgment of the Honourable Justice Livesey  

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - FREEZING ORDERS

Following the conclusion of the trial of this matter, the applicant obtained freezing orders against the respondent and one of its related international entities, and an interlocutory injunction against another. The applicant sought an extension of those freezing orders on the grounds that new liquidators had been appointed who had not yet had sufficient time to investigate the potential for claims to be made against the foreign entities.

Held (per Livesey JA), allowing the application:

1.      The freezing order made against Millennium International and the interlocutory injunction Millennium Hong Kong are extended for a further 14 days.

2.      If that time is not sufficient, significantly more information would be required to justify a further extension of time.

SEELEY INTERNATIONAL PTY LTD v MILLENNIUM ELECTRONICS PTY LTD (IN LIQ) (No 5)
[2021] SASC 95

Civil - Application

LIVESEY JA:

1. Since the last hearing the applicant has filed a proof of debt with the liquidator of the respondent in the amount of $16 million.  There has been a meeting of the creditors of the respondent and Mr Gollant has been replaced by Mr John Sheahan. I am advised that, in the time since the creditors’ meeting, there has not been sufficient time to investigate the potential for claims to be made against Millennium International and Millennium Hong Kong.

2. Mr Oliver Sheahan, who appears for the respondent today, advises me that a 14-day period should be sufficient but he has described it as “tight”.  I am prepared to extend the freezing order made against Millennium International and the injunction made against Millennium Hong Kong to allow a little further time.  If it ultimately transpires that that time is not sufficient, I would require significantly more detail than I have been provided with today to justify any further extension of time.

3. In the circumstances, I will not make any further order in relation to the respondent because the order in relation to it will expire of its own force later today.  I will, however, make the following orders:

   1.That the freezing order against Millennium International on 23 October 2021 as extended on 10 June 2021 be further extended until Friday, 13 August 2021 at 4:30 pm ACST.

   2.That the interlocutory injunction made against Millennium Hong Kong on 23 October 2020 as extended on 10 June 2021 be further extended until Friday, 13 August 2021 at 4:30 pm ACST.

   3.I give the applicant leave to serve on Millennium Hong Kong by emailing the documents to Mr Eric Au at [email protected].

   4.I give the parties liberty to apply.