Nevro Medical Pty Ltd v McKelvie [2020] FCA 1412

Federal Court of Australia

Nevro Medical Pty Ltd v McKelvie [2020] FCA 1412 File number: VID 641 of 2020

Judgment of: SNADEN J

Date of judgment: 29 September 2020

Date of publication of reasons: 1 October 2020

Catchwords: PRACTICE AND PROCEDURE – ex parté interlocutory application for freezing orders pursuant to r 7.32 of the Federal Court Rules 2011 (Cth) – respondent sued in contract and equity, and for alleged breaches of duties imposed by s 182 of the Corporations Act 2001 (Cth) – whether the applicant has a good arguable case for the purposes of r 7.35 – whether there is a danger that a judgment made in favour of the applicant would go wholly or partly unsatisfied because the respondent might dispose of, deal with or diminish the value of his assets – orders granted

Legislation: Corporations Act 2001 (Cth) – s 182 Federal Court Rules 2011 (Cth) – div 7.4; rr 7.32 and 7.35

Cases cited: Basi v Namitha Nakul Pty Ltd [2019] FCA 743 Spotlight Pty Ltd v Mehta [2019] FCA 1796

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 21

Date of hearing: 29 September 2020

Counsel for the Applicant: Mr A. Manos

Solicitor for the Applicant: Baker McKenzie

ORDERS VID 641 of 2020

BETWEEN: NEVRO MEDICAL PTY LTD Applicant

AND: STUART MCKELVIE Respondent

order made by: SNADEN J DATE OF ORDER: 29 SEPTEMBER 2020

THE COURT ORDERS THAT: 1. The application for interlocutory relief be returnable immediately. 2. A freezing order be made against the respondent and his wife in the terms specified in Annexure 'A'. 3. The proceeding be adjourned until 10:15am on Tuesday, 6 October 2020. 4. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.