Creative Promotions Pty Ltd v Wu [2022] FCA 1150

FEDERAL COURT OF AUSTRALIA

Creative Promotions Pty Ltd v Wu [2022] FCA 1150 File number(s): NSD 797 of 2022

Judgment of: THAWLEY J

Date of judgment: 21 September 2022

Date of publication of reasons: 12 October 2022

Catchwords: PRACTICE AND PROCEDURE – ex parte application for freezing order – whether prima facie case for relief exists – whether there exists danger of risk of dissipation of property in order to frustrate a prospective judgment – whether balance of convenience favours orders sought - application granted

Legislation: Corporations Act 2001 (Cth) ss 79, 182 Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) Div 7.4

Division: General Division

Registry: New South Wales

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 13

Date of hearing: 21 September 2022

Counsel for the Applicant: Mr S Hartford-Davis

Solicitor for the Applicant: Clayton Utz

ORDERS NSD 797 of 2022

BETWEEN: CREATIVE PROMOTIONS PTY LTD ACN 057 222 278 Applicant

AND: DI WU First Respondent

HONG SHAO Second Respondent

order made by: THAWLEY J DATE OF ORDER: 21 SEPTEMBER 2022

THE COURT ORDERS THAT:

1. Leave be granted to the applicant to file in Court: a. Affidavit of Mark Joel Isaacs affirmed 21 September 2022; and b. Affidavit of Barbara Jo-Anne Isaacs affirmed 21 September 2022. Service 2. The time for service of the Originating Application be abridged to 5.00pm on 22 September 2022. 3. The applicant serve on the respondents: a. the Originating Application filed on 20 September 2022; b. the Affidavit of Mark Joel Isaacs affirmed on 21 September 2022 (along with Exhibit MJI-1); c. the Affidavit of Barbara Jo-Anne Isaacs affirmed on 21 September 2022 (along with Exhibit BJI-1); and d. a copy of these orders, by 5.00pm on 22 September 2022. Freezing orders 4. There be freezing and ancillary orders against the respondents in the form of orders attached as Annexure A. Leave to file and serve subpoenas 5. Pursuant to rule 24.01 of the Federal Court Rules 2011 (Cth) the applicant have leave to issue a subpoena to produce documents on: a. National Australia Bank Limited substantially in the form set out in Annexure "B" to the Originating Application, returnable on 19 October 2022; b. Westpac Banking Corporation substantially in the form set out in Annexure "C" to the Originating Application, returnable on 19 October 2022; c. HSBC Bank Australia Limited substantially in the form set out in Annexure "D" to the Originating Application, returnable on 19 October 2022; d. Bank of China Limited (Australian offices) substantially in the form set out in Annexure "E" to the Originating Application, returnable on 19 October 2022; e. Bank of China (Australia) Limited substantially in the form set out in Annexure "F" to the Originating Application, returnable on 19 October 2022; f. Western Union Business Solutions (Australia) Pty Limited ABN 24 150 129 749 substantially in the form set out in Annexure "G" to the Originating Application, returnable on 19 October 2022. Listing 6. The matter be listed for further hearing on 21 October 2022 before the Duty Judge, or as otherwise advised by the Court. 7. The parties have liberty to apply on 24 hours' notice. ANNEXURE A PENAL NOTICE – FREEZING ORDER TO: DI WU HONG SHAO IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.