Viterra BV v Shandong Ruyi Technology Group Co Ltd [2022] FCA 215

Federal Court of Australia

Viterra BV v Shandong Ruyi Technology Group Co Ltd [2022] FCA 215 File number: NSD 1202 of 2021

Judgment of: STEWART J

Date of judgment: 11 March 2022

Catchwords: PRACTICE AND PROCEDURE – freezing orders – application to discharge freezing order – where freezing order made against a third party with Australian assets – where third party is the wholly owned Singapore-incorporated subsidiary of the China-incorporated arbitral award debtor – where proceedings to enforce arbitral award commenced in Singapore and in this Court – where award debtor has not been served – where award creditor proposes to execute a prospective judgment of a Singapore Court by a writ of seizure and sale in Singapore of the award debtor's shares in the third party – whether processes of execution in Singapore on a Singapore judgment are processes available to maintain the third-party freezing order in Australia – whether assets of the third party which are beyond the reach of execution processes can be frozen – whether freezing order of third party's assets can be maintained in order to maintain the value of the award debtor's shares in the third party ARBITRATION – international commercial arbitration – freezing orders in anticipation of enforcement of arbitral award – where enforcement sought in this Court and in foreign courts – consideration of relevant principles

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Amendment Rules 2006 (No 1) (Cth) Federal Court Rules 1979 (Cth) O 25A r 5 Federal Court Rules 2011 (Cth) rr 7.33, 7.35, 7.36 Rules of the Supreme Court 1971 (WA) O 52A r 5