Care A2 Plus Pty Ltd v Pichardo

[2023] NSWCA 156

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interim preservation
3. › Freezing orders
4. › Application for freezing order pending appeal
5. › Whether applicant had good arguable case on appeal
6. › Whether danger that prospective judgment would be wholly or partly unsatisfied
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 25.14
1. Appeal
2. › Interference with findings of fact
3. › Constraints on appellate review of trial judge's factual findings
4. › Whether appeal grounds challenging findings of fact could establish good arguable case for freezing order

Quick Take

Where appeal grounds are predominantly challenges to findings of fact, it will be difficult to establish a 'good arguable case' for a freezing order pending appeal, given the constraints on appellate interference with factual findings.

Case Details

Citation[2023] NSWCA 156

CourtNSWCA

JurisdictionNew South Wales

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Cited by2

Relies on7

2023In the matter of DCA Enterprises Pty LtdNSWSC 11
2019Lee v Lee; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance LimitedHCA 28
2016Robinson Helicopter Company Incorporated v McDermottHCA 22
2013Samimi v Seyedabadi; Seyedabadi v SamimiNSWCA 279
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