A 'fund' within UCPR r 25.3(3) must have a separate and distinct existence as an item of property (such as a trust fund); monies paid into a general bank account lose their character as a fund. A freezing order under UCPR r 25.11 cannot be made in proceedings that cannot lead to a judgment capable of being 'unsatisfied', and a party's legal contention that it has no obligation to repay does not constitute a 'danger' within the rule. The L&E Court may have jurisdiction under s 16(1A) of the Land and Environment Court Act 1979 to determine refund claims arising from modified consent conditions, but this was left open.
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