Thaler v Amzalak (No.5)
[2013] NSWSC 1367
•18 September 2013
Supreme Court
New South Wales
Medium Neutral Citation: Thaler v Amzalak (No.5) [2013] NSWSC 1367 Hearing dates: 18 September 2013 Decision date: 18 September 2013 Jurisdiction: Common Law Before: Davies J Decision: Orders 5 and 6 made by Beech-Jones J on 13 September 2013 be varied to extend time for compliance to 30 September 2013 provided that if $550,000 is paid into Court in a manner acceptable to the Court and to the Plaintiff by 30 September 2013 compliance with Orders 5 and 6 will not be required.
Catchwords: PROCEDURE - freezing order - variation of orders - no point of principle Category: Interlocutory applications Parties: Yankel Koncepolski (Applicant)
Benjamin Amzalak (aka Binyomin Zeev Amzalak) (Defendant)Representation: Counsel:
S Ajbschitz (McKenzie friend on behalf of the Applicant)
M Friedgut (Defendant)
Solicitors:
In person (Applicant)
Brown Wright Stein (Defendant)
File Number(s): 2010/361581
Judgment
Mr Yankel Koncepolski has applied pursuant to the liberty to apply to vary orders made by Justice Beech-Jones on 13 September 2013.
I made orders yesterday providing for substituted service of the orders on Mr Koncepolski. They were only served yesterday and it is that which has occasioned the application before me.
Order 5 of the orders that Justice Beech-Jones made required Mr Koncepolski as well as Mr Thaler, the Plaintiff, to inform the Applicant in writing of their assets and the extent of their interests in their assets by 4pm today.
Order 6 provided within seven working days after being served with the order, they were to swear and serve an affidavit as setting out that information.
I have been assisted this afternoon by Mr Shlomo Ajbschitz who has represented Mr Koncepolski. He is arranging for the amount of $550,000 referred to in the penal notice to be raised and paid into Court. He says that that can be done by 30 September 2013.
In those circumstances, I will vary order 5 made by Justice Beech-Jones to substitute 5pm Monday 30 September as the date for the provision of writing in assets and I will amend order 6 to provide that an affidavit containing that information is to be the form of writing required by paragraph 5, such affidavit to be filed and served by 5pm on 30 September, 2013.
The proviso is that such affidavit and information will not be required if $550,000 is paid into Court in a manner acceptable to the Court and to the plaintiff.
In those circumstances, if the Court is prepared to accept a Bank guarantee, that will be a sufficient compliance with order 12 in the penal notice.
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Decision last updated: 20 September 2013
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