Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ausmart Services Pty Ltd (in liq) v Zheng [2019] FCA 2162 File number(s): VID 1361 of 2019
Judge(s): ANDERSON J
Date of judgment: 18 December 2019
Date of publication of reasons: 19 December 2019
Catchwords: PRACTICE AND PROCEDURE – ex parte application for freezing orders over assets of directors and officers of companies in liquidation and others participating in alleged misconduct – whether plaintiffs have good arguable case against defendants – whether danger that prospective judgment will be wholly or partly unsatisfied because of prospect of removal of assets from Australia or dissipation of assets – where plaintiffs' prima facie case involves proof of allegations of serious dishonesty – consideration of balance of convenience and interests of justice Held: interim freezing orders granted
Legislation: A New Tax System (Goods and Service Tax) Act 1999 (Cth) Corporations Act 2001 (Cth) Pt 5.7B, ss 588G, 588M Federal Court of Australia Act 1976 (Cth) s 23 Superannuation Guarantee (Administration) Act 1992 (Cth) s 16 Taxation Administration Act 1953 (Cth) Div 12 of Pt 2-5 of Sch 1 Federal Court Rules 2011 (Cth) rr 7.32, 7.35, 7.35(4)
Cases cited: Basi v Namitha Nakul Pty Ltd [2019] FCA 743 Deputy Commissioner of Taxation v Ausmart Services Pty Ltd [2018] FCA 1912 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319
Date of hearing: 18 December 2019
Registry: Victoria
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