Computer Accounting and Tax Pty Ltd v Professional Services of Australia Pty Ltd

[2010] WASC 2

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Freezing orders
3. › Orders against third parties
4. › Whether process may ultimately be available to applicant by which third parties may be obliged to disgorge assets
5. › Danger of judgment being unsatisfied
6. › Registration of charge coinciding with appeal decision
7. › Transfer of assets to related parties
8. › Rules of the Supreme Court 1971 (WA), O 52A r 5(5)
1. Practice and Procedure
2. › Freezing orders
3. › Ancillary orders
4. › Informational orders against third parties
5. › Whether ancillary orders should be made
6. › Lack of detailed financial information
7. › Rules of the Supreme Court 1971 (WA), O 52A r 6
1. Practice and Procedure
2. › Costs
3. › Costs of freezing and ancillary orders
4. › Orders discharged by consent without determination on merits
5. › Whether either party acted unreasonably
6. › Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
1. Practice and Procedure
2. › Costs
3. › Costs against non-parties
4. › Whether non-party who provided undertaking for freezing orders liable for costs
5. › Whether unfounded allegations of dishonesty justify exceptional costs order
6. › Supreme Court Act 1935 (WA), s 37

Quick Take

The Ex parte Lai Qin principles governing costs where proceedings terminate without a merits hearing apply to freezing orders discharged by consent, including where the orders were made against third parties who are not independent of the judgment debtor. The appointment of a liquidator in a members' voluntary winding up does not automatically render freezing orders against third parties redundant, particularly where the company's solvency remains in question. Unfounded allegations of dishonesty against a person who provided an undertaking for freezing orders may constitute an exceptional case justifying a costs order against the party making the allegations.