The Owners – Strata Plan No 97938 v Golden Rain Development Pty Ltd

[2026] NSWSC 37

Supreme Court of NSW

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interim preservation
3. › Freezing orders
4. › Danger that prospective judgment will be unsatisfied
5. › Whether negative equity, dependence on future realisations, predominance of related party loans, and mid-litigation conversion of unsecured to secured debt established requisite danger
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 25.14
1. Practice and Procedure
2. › Interim preservation
3. › Freezing orders
4. › Discretionary considerations
5. › Whether plaintiff's capacity to meet usual undertaking as to damages weighs against grant of freezing order
6. › Strata Schemes Management Act 2015 (NSW), ss 81, 86, 237
1. Practice and Procedure
2. › Interim preservation
3. › Freezing orders
4. › Transactions in ordinary course of business
5. › Whether repayment of related party secured debt from sale of only remaining assets constitutes dissipation warranting restraint

Quick Take

The mid-litigation conversion of unsecured related party loans to secured loans, with priority and enforcement control vested in the related party lenders, is directly relevant to establishing the requisite danger for a freezing order, even absent evidence of misconduct or suspicious dealings.