The Owners - Strata Plan 82413 v Hinderry

The case involved the Owners of Strata Plan 82413, the applicant, against Hinderry, the respondent. The dispute centred around an asset preservation order initially made ex parte, which the applicant sought to continue. The matter was heard in the Supreme Court of New South Wales. The applicant sought to prevent the respondent from disposing of or dealing with certain assets to ensure satisfaction of a judgment debt owed by the respondent to the applicant.

The primary legal issue before the court was whether the asset preservation order should be continued, given the circumstances of the case and the respondent's opposition. The court had to determine whether there was a sufficient risk of the respondent disposing of or dealing with the assets in a way that would frustrate the enforcement of the judgment debt. Additionally, the court needed to consider the balance of convenience and whether the respondent's rights were adequately protected.

The court held that the asset preservation order should be continued, finding no issue of principle that would prevent the extension of the order. The court was satisfied that the applicant had demonstrated a real risk that the respondent would dissipate assets, and that the balance of convenience favoured the continuation of the order. The respondent's opposition did not change the court's assessment of the risk posed by the respondent's conduct. The court found that the applicant had met the threshold for continuing the asset preservation order, and it was in the interests of justice to do so.

The final orders of the court were to continue the asset preservation order in the same terms as the original order, with specific directions regarding the respondent's access to the preserved assets. The court also ordered the respondent to provide further information regarding the assets and any dealings with them, to ensure the applicant could enforce the judgment debt.