Jingalong Pty Ltd v Todd (No 2)

[2014] NSWCA 347

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Freezing orders (Mareva injunctions)
3. › Ex parte application
4. › Preservation of assets pending appeal
5. › Whether to make interim freezing order where net proceeds of sale likely to be dissipated
6. › Whether applicant entitled to security for costs order
7. › Appropriate form of freezing order following Practice Note SC Gen 14
1. Practice and Procedure
2. › Caveats
3. › Caveat lodged on basis of costs order
4. › Whether costs order gives rise to equitable interest in land
5. › Real Property Act 1900 (NSW), s 42

Quick Take

A freezing order may be granted on an ex parte basis to preserve the net proceeds of sale of a property where there is evidence that the property is the respondent's sole remaining asset and the proceeds will likely be dissipated, even where the underlying costs order has been stayed pending appeal and the quantum of net proceeds is uncertain. The appropriate form of such an order follows Practice Note SC Gen 14, and ex parte orders should be limited to a short period sufficient to enable service and a return date.