Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vantage Holdings Pty Ltd v Huang (No 3) [2015] FCA 383 Citation: Vantage Holdings Pty Ltd v Huang (No 3) [2015] FCA 383
Parties: VANTAGE HOLDINGS PTY LTD (ACN 097 178 240) v YONG HUANG (AKA PETER HUANG)
File number: QUD 127 of 2013
Judge: COLLIER J
Date of judgment: 23 April 2015
Catchwords: PRACTICE AND PROCEDURE – interim application for freezing orders – rr 7.32, 7.34 and 7.35 Federal Court Rules 2011 (Cth) – whether order for adjournment appropriate – principles in Deputy Commissioner of Taxation v Vasiliades [2014] FCA 1250 discussed and applied – whether freezing orders appropriate against third parties – apparent dissipation of real property assets – whether undertakings as to damages by applicant has value – whether "carve outs" from freezing orders appropriate
Legislation: Corporations Act 2001 (Cth) ss 588G(2), 588M Federal Court Rules 2011 (Cth) rr 7.32, 7.34, 7.35
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cambridge Credit Corporation Limited (Receiver Appointed) v Surfers' Paradise Forests Limited (1977) Qd R 261 Deputy Commissioner of Taxation v Hua Wang Bank Berhad (2010) 80 ATR 449 Deputy Commissioner of Taxation v Vasiliades [2014] FCA 1250 K.C. Park Safe (Brisbane) Pty Ltd v Cairns City Council [1997] 1 Qd R 497 SBA Music Pty Ltd v Hall [2014] FCA 1038 Vantage Holdings Pty Ltd v Huang [2015] FCA 155
Date of hearing: 22 April 2015
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