A freezing order directed at a mortgagor does not prevent a mortgagee (including an assignee of the mortgage) from exercising a valid power of sale over the restrained property. There is no general principle that achieving a purpose indirectly when the law prohibits its achievement directly constitutes illegal or tortious conduct; the question depends on the nature, purpose and scope of the prohibition and the means adopted. An unsecured creditor seeking a freezing order must establish that the debtor's assets exceed its secured debts in order to demonstrate loss.
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