Federal Court of Australia
Federal Court of Australia
Simmons v Giezekamp [2024] FCA 334 File number(s): NSD 355 of 2024
Judgment of: HALLEY J
Date of judgment: 2 April 2024
Catchwords: PRACTICE AND PROCEDURE – ex parte application for freezing orders – danger of prospective judgment being wholly or partially unsatisfied – application granted
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) Federal Court Rules 2011 (Cth), r 7.35
Cases cited: BGS Contracting Pty Ltd v WA Construction Hire Pty Ltd [2010] WASC 25 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Deputy Commissioner of Taxation v Vasiliades (2014) 323 ALR 59; [2014] FCA 1250
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 32
Date of hearing: 2 April 2024
Counsel for the Applicants: Mr J Baird
Solicitor for the Applicants: Proctor Phair Lawyers
ORDERS NSD 355 of 2024
BETWEEN: JULIE ANN SIMMONS First Applicant
DANIEL ASHUIN SIMMONS Second Applicant
BRUCE SAUNDERS (and others named in the Schedule) Third Applicant
AND: PAUL JACQUE GIEZEKAMP (ALSO KNOWN AS PAUL JACQUES GIEZEKAMP) First Respondent
U MONEY AUSTRALIA PTY LTD (ACN 159 776 888) Second Respondent
order made by: HALLEY J DATE OF ORDER: 2 APRIL 2024
THE COURT NOTES THAT:
A. At the ex parte hearing on 2 April 2024, the applicants, by their Counsel, gave the usual undertaking as to damages, included at Schedule A of "Annexure A" and "Annexure B", annexed to these orders.
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