The Supreme Court of Western Australia has inherent jurisdiction to make freezing orders to prevent the frustration of a prospective judgment resulting from the registration of a foreign judgment under the Foreign Judgments Act 1991 (Cth), even before the foreign judgment has been obtained. O 52A r 5(1)(b)(ii) is validly authorised by both s 167(1)(a) of the Supreme Court Act 1935 (WA) and s 17 of the Foreign Judgments Act. The decision resolves the conflict between Raveh and Celtic Resources in favour of the latter. A freezing order against a third party company in which the prospective judgment debtor holds a controlling interest cannot be made merely on the basis of that shareholding; the Cardile criteria must be independently satisfied.
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