Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Merryport Pty Ltd v Lawson [2023] FCA 838 File number(s): QUD 303 of 2023
Judgment of: LEE J
Date of judgment: 20 July 2023
Date of publication of reasons: 24 July 2023
Catchwords: PRACTICE AND PROCEDURE – urgent ex parte application for freezing and ancillary orders – whether arguable case exists – whether there exists a real risk of the dissipation of assets in order to frustrate a prospective judgment – allegations of serious fraud and dishonesty – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) Div 7.4, r 7.33
Cases cited: Cardile v LED Builders Pty Limited [1999] HCA 18; (1999) 198 CLR 380 Deputy Commissioner of Taxation v Shi [2020] FCAFC 100; (2020) 277 FCR 1 Insolvency Guardian Melbourne Pty Ltd v Carlei [2016] FCA 72; (2016) 111 ACSR 236 Jackson v Sterling Industries Limited (1987) 162 CLR 612 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Robmatjus Pty Ltd v Violet Home Loans Australia Pty Ltd [2007] VSC 165
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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