› Weight of undertaking where applicant lacks assets
Quick Take
1Where a respondent has transferred interests in properties to a spouse after trial without evidence of consideration received, and has not provided information about remaining assets or equity despite having the opportunity to do so, a court may infer a reasonable possibility that assets have diminished and that a prospective judgment may go unsatisfied, satisfying the danger requirement for a freezing order.
2An undertaking as to damages offered by an applicant with no meaningful assets cannot be given weight, but this does not necessarily preclude a freezing order where the risk of damage to the respondent from the order is remote and the order is likely to be of short duration.
3Delay in bringing a freezing order application is a discretionary factor weighing against the grant, but may be outweighed where the order sought is not likely to be in place for a lengthy period and there is evidence of post-trial asset diminution.
