ORDERS — Variation of orders — Urgent application to vary orders to permit a source of funds to be available to pay a judgment debt no longer the subject of an appeal — Applicants submit that they will suffer prejudice in the form of committing an act of bankruptcy if application is refused — Respondent opposes variation in the context in which the mechanism for funding is contended to perpetuate an alleged contempt by the applicants and say it will be exposed to prejudice in creating further difficulty in unwinding transactions it says ought not have been entered into as a result of the alleged contempt — Some lack of clarity over precise reason for making the limitation in the order sought to be varied on drawdown of funds — Unnecessary to decide whether concern regarding contempt was the sole justification for the order sought to be varied — In context it appears to have been a significant consideration for the order — Disputed contentions regarding applicants’ financial position — Variation application refused
Case Details
Citation[2023] NSWSC 6
CourtNSWSC
JurisdictionNew South Wales
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