PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the second defendant and to the third parties – s 1323 of the Corporations Act 2001 (Cth) not available as no action under the Act – risk of frustration of the Court’s processes ameliorated by the appointment of an administrator to the first defendant – application dismissed
PRACTICE AND PROCEDURE – application by the plaintiff for an order under s 1324(2) of the Act requiring the second defendant to provide the plaintiff with access to the books of the first defendant – discretion not enlivened as the second defendant is not required by the Act to provide such access – in any event inappropriate to order the second defendant to provide such access when she is obliged to deliver all such books in her possession to the administrator – application dismissed
Related cases – freezing orders
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Deputy Commissioner of Taxation v Hartley [2025] FCA 322
PRACTICE AND PROCEDURE – ex parte application for freezing orders and ancillary orders – whether there is a good arguable case for final relief on prospective cause of action for tax related liabilities – whether there is a degree of danger or risk that any judgment obtained will not be met due to dissipation of…
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Gattani v Digital Edge Technologies Pty Ltd (in administration) [2025] FCA 199 (17 March 2025)
PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the…
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Elzain v Deputy Commissioner of Taxation [2024] FCA 873
PRACTICE AND PROCEDURE – application for leave to appeal – suppression and non-publication orders – where the Deputy Commissioner of Taxation applied on an ex parte basis for freezing orders – where the Deputy Commissioner of Taxation relied on a large volume of material in support of the application – where the applicants applied for…
For more information, see the original judgement.
