Federal Court of Australia
Federal Court of Australia
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 7) [2024] FCA 1417 File number: NSD 32 of 2022
Judgment of: JACKMAN J
Date of judgment: 4 December 2024
Catchwords: PRACTICE AND PROCEDURE – continuation of freezing orders – balance of convenience – where maintaining injunction will have the effect that a proposed demolition and development of foreclosed property will be delayed by a period of up to four months – where evidence does not establish that the proposal is economically feasible – where applicants have sufficient real property assets in Australia to support their undertaking as to damages
Legislation: Bankruptcy Act 1966 (Cth) s 121
Cases cited: Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 6) [2024] FCA 1160
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 10
Date of hearing: 4 December 2024
Counsel for the Plaintiffs: Mr R Scruby SC and Mr D Meyerowitz-Katz
Solicitor for the Plaintiffs: McCabes Lawyers
Counsel for the Fifth and Sixth Respondents: Mr S Burchett
Solicitor for the Fifth and Sixth Respondents: Coleman Grieg Lawyers
ORDERS NSD 32 of 2022
BETWEEN: HONG CHU First Plaintiff and First Applicant
XUEPING XU Second Plaintiff and Second Applicant
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