Federal Court of Australia
Federal Court of Australia
Jadwan Pty Ltd v Rae & Partners (a firm) (No 5) [2021] FCA 248 File number(s): TAD 39 of 2016
Judgment of: WHEELAHAN J
Date of judgment: 18 March 2021
Date of publication of reasons: 19 March 2021
Catchwords: PRACTICE AND PROCEDURE – applications for freezing orders in the nature of orders for the payment of proceeds of sale of properties into court in aid of enforcing costs orders – where relevant costs are yet to be taxed or assessed – where costs orders are against the trustee of a trust of which the properties are the principal trust assets – where mortgages in favour of non-parties have been registered over the properties – whether danger of dissipation of trust assets – whether payment of proceeds of sale into court is necessary to do justice between the parties, and if so, in what amount – orders made for payment into court of specified amounts upon sale.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 53 Land Titles Act 1980 (Tas) ss 3(1), 40, 134 Federal Court Rules 2011 (Cth) r 7.32(1), 7.34, 41.10
Cases cited: Agusta Pty Ltd v Provident Capital Ltd [2012] NSWCA 26; 16 BPR 30,397 Basi v Namitha Nakul Pty Ltd [2019] FCA 743 Blatch v Archer (1774) 1 Cowp 63 Jackson v Sterling Industries Ltd [1987] HCA 23; 162 CLR 612 Laundry Coin-Wash Nominees Pty Ltd v Dunlop Olympic Ltd (1985) ATPR 40-584 Levasseur v Mason & Barry Ltd [1891] 2 QB 73 Octavio Investments Pty Ltd v Knight [1979] HCA 61; 144 CLR 360 Trailer Trash Franchise Systems Pty Ltd v GM Fascia & Gutter Pty Ltd [2017] VSCA 293
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