Rasia Group v Crawford

[2025] VSCA 310

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Freezing orders
3. › Risk of dissipation of assets
4. › Reasonable possibility of dissipation
5. › Whether inference of risk may be drawn from allegations of serious wrongdoing
6. › Whether evidence of good arguable case involving serious dishonesty bears upon danger of dissipation
7. › Supreme Court (General Civil Procedure) Rules 2025 (Vic), ord 37A
1. Practice and Procedure
2. › Freezing orders
3. › Good arguable case
4. › Developing area of law
5. › Tort of abuse of process in civil proceedings
6. › Whether applicants had realistic prospect of success
1. Practice and Procedure
2. › Freezing orders
3. › Discretion as to relief
4. › Balance of convenience
5. › Whether notification order appropriate alternative to freezing order
6. › Adequacy of security for undertaking as to damages
1. Appeal
2. › Standard of appellate review
3. › Discretion to grant freezing order
4. › Whether House v The King standard or correctness standard applies
5. › Whether dissipation issue and arguable case issue are discrete evaluative tests or discretionary factors

Quick Take

Evidence of serious dishonesty or serious wrongdoing in support of a good arguable case may found an inference of risk of dissipation of assets, depending on the circumstances, and is not limited to cases involving fraudulent misappropriation of assets or diversion of funds; a notification order may be an appropriate alternative to a freezing order where the balance of convenience does not favour the latter.