CORPORATIONS — leave to appeal – freezing order made against a third party (FWIDA) being a related entity to the defendant below– where FWIDA appears to be indebted to the defendant and is in receipt of proceeds from the sale of its primary business asset in a sum capable of discharging the debt to the defendant – where plaintiff below sought a freezing order to preserve those proceeds in anticipation of obtaining a judgment against the defendant – where FWIDA resisted the freezing order – where parent company of FWIDA had already given a court undertaking in the British Virgin Islands to not diminish the value of its shares in FWIDA – whether there was a danger that a judgment or prospective judgment would be wholly or partly unsatisfied – whether there is a “process” which is or may ultimately be available to the plaintiff as a result of a judgment or prospective judgment pursuant to which FWIDA may be obliged to disgorge assets or contribute – leave to appeal refused
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0167For more information, see the original judgement.
