Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpac Banking Corporation v Forum Finance Pty Limited (Freezing Order Variation No 2) [2022] FCA 1206 File number(s): NSD 616 of 2021
Judgment of: THAWLEY J
Date of judgment: 10 October 2022
Date of publication of reasons: 18 October 2022
Catchwords: PRACTICE AND PROCEDURE – application for variation of freezing order – whether to increase exception to freezing order to allow further payment of legal expenses – where variation would further erode assets over which proprietary claims have been made – application to strike out pleadings – whether party understands case in sufficient detail to enable fair trial – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 459C, 471B Federal Court of Australia Act 1976 (Cth) ss 37M, 54A Federal Court Rules 2011 (Cth) rr 16.41, 16.42, 16.43
Cases cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Fatimi v Bryant [2004] NSWCA 140; 59 NSWLR 678 Goumas v McIntosh [2002] NSWSC 713 Hughes in the matter of Substar Holdings Pty Ltd (in liquidation) [2020] FCA 1863 Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd [2008] NSWSC 1344; 74 NSWLR 550 Muriniti v Lawcover Insurance Pty Ltd [2022] NSWSC 90 National Australia Bank Ltd v Human Group Pty Ltd (No 2) [2020] NSWSC 1900 Short v Crawley (No 42) [2009] NSWSC 1110 Sino Iron Pty Ltd v Worldwide Wagering Pty Ltd [2017] VSC 101; 52 VR 664 Uber Australia Pty Limited v Andrianakis [2020] VSCA 186; 61 VR 580 Westpac Banking Corporation v Forum Finance Pty Limited (Contempt Application) [2021] FCA 1341 Westpac Banking Corporation v Forum Finance Pty Limited (Freezing Order Variation) [2022] FCA 910 Westpac Banking Corporation v Forum Finance Pty Limited (Greek Telephone Number) [2021] FCA 1340 Westpac Banking Corporation v Forum Finance Pty Limited (Sale of Properties) [2022] FCA 171 Westpac Banking Corporation v Forum Finance Pty Limited [2021] FCA 807
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