Yaj1 v Opera Australia

The plaintiff, Yaj1, sought damages, an interim asset freezing order, and an ancillary order that the second defendant disclose all of his assets and what occurred with the proceeds of a sale of real estate from Opera Australia. The dispute was heard in the Supreme Court of New South Wales. The plaintiff alleged that the second defendant had engaged in a breach of fiduciary duty and sought relief to protect the assets that were the subject of the dispute.

The court was required to determine whether the affidavit provided by the second defendant was sufficient to satisfy the plaintiff's request for an interim asset freezing order. The second defendant had sworn an affidavit in which he deposed as to some of his assets, but the plaintiff argued that this was not sufficient. The court also needed to decide whether the second defendant should be ordered to swear, file, and serve an affidavit that would provide a more detailed account of his assets and the proceeds from the sale of the real estate.

The court held that the affidavit presently sworn by the second defendant was sufficient in lieu of the freezing order, but the plaintiff was not satisfied with the detail provided. The court ordered the second defendant to swear, file, and serve an affidavit that provided a more comprehensive account of his assets and the proceeds from the sale of the real estate. The court also ordered that the costs of the motion were to be the plaintiff's costs in the cause.