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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Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – where the defendant sought to have orders set aside on the basis of non-disclosure of material…
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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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Nova Supply Chain Finance Pty Limited v Active Capital Reinsurance Limited (a company incorporated in Barbados) [2024] FCA 1398
PRACTICE AND PROCEDURE – application to discharge freezing orders – whether balance of convenience favours the continuation of the orders – where orders served on banks – where respondents’ bank accounts frozen – where, if the orders were permitted to remain, companies would be wound up and the second respondent would be personally bankrupted –…
