SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Supabarn Supermarkets Pty Ltd v Cotrell Pty Ltd |
Citation: | [2016] ACTSC 49 |
Hearing Date: | 18 March 2016 |
DecisionDate: | 24 March 2016 |
Before: | Refshauge J |
Decision: | The parties be heard as to the form of order to be made in accordance with the reasons published on 24 March 2016. |
Catchwords: | CIVIL LAW – Jurisdiction, practice and procedure – application for freezing order – ancillary to other proceedings – awaiting Judgment in ancillary proceedings – party intending to sell asset – good arguable case – danger that Judgment will be unsatisfied – risk of dissipation of assets – risk proceeds of sale will be transferred overseas – ancillary orders |
Legislation Cited: | Civil Judgments Enforcement Act 2004 (WA), s 102 Foreign Judgments Act 1991 (Cth), Pt 2 Court Procedures Rules 2006 (ACT), Sub-Div 2.9.4.2, rr 741, 742, 743, 743(1)(b), 743(4) |
Cases Cited: | Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (in liquidation) (2000) 202 CLR 588 Bank Mellat v Nikpour (1985) FSR 87 |
Texts Cited: | Peter Biscoe, Freezing and Search Orders: Mareva and Anton Piller Orders (LexisNexis Butterworths: Sydney, 2nd edition 2008) M J Redfern and D I Cassidy, Australian Tenancy Practice and Precedents (Butterworths: Sydney, 1987) (at November 2015) |
Parties: | Supabarn Supermarkets Pty Ltd (Plaintiff) Cotrell Pty Ltd (Defendant) |
Representation: | Counsel Mr S Whybrow (Plaintiff) Mr P Walker SC (Defendant) |
| Solicitors Snedden Hall & Gallop (Plaintiff) |
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- Case
- [2016] ACTSC 49
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether there was a good arguable case that the respondent had assets within the jurisdiction that should be preserved, and whether there was a real risk that any judgment obtained in the main proceedings would remain unsatisfied. The court also needed to assess whether there was a significant risk of the respondent dissipating its assets or transferring any proceeds of sale overseas, which would defeat the purpose of any future judgment.
The court found that there was a good arguable case that the respondent had committed fraud and that there was a real risk that any judgment obtained in the main proceedings would remain unsatisfied. It was also evident that the respondent intended to sell its assets, creating a risk that the assets would be dissipated or the proceeds transferred overseas. The court concluded that these factors justified the making of an interlocutory freezing order to protect the applicant's interests until the final judgment in the main proceedings. The parties were directed to be heard as to the form of order to be made in accordance with the reasons published on 24 March 2016.
Orders
Orders of the court
The parties be heard as to the form of order to be made in accordance with the reasons published on 24 March 2016.
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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