Federal Court of Australia
Federal Court of Australia
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 9) [2025] FCA 79 File number(s): NSD 32 of 2022
Judgment of: JACKMAN J
Date of judgment: 11 February 2025
Catchwords: PRACTICE AND PROCEDURE — Interlocutory application seeking leave to extend freezing orders until further order — Where freezing orders prevent building work from being undertaken on property — Where trustee in bankruptcy recently appointed — Whether reasonable time limitation should be imposed on freezing orders due to possible pursuit of related appeal — Where costs incurred due to delayed building work are covered by undertakings as to damages — Whether application for freezing order against third party is a proceeding "in respect of a provable debt" within meaning of Bankruptcy Act 1966 (Cth) s 58(3) — Permissible for court to proceed on the basis that leave is necessary — Application granted
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Allanson v Midland Credit Ltd (1977) 16 ALR 43 Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 7) [2024] FCA 1417 Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 8) [2024] FCA 1520 Hudson v Sigalla [2015] FCAFC 140; (2015) 235 FCR 122 Melnik v Melnik [2005] FCAFC 160; (2005) 144 FCR 141 Re McMaster; Ex parte McMaster (1991) 33 FCR 70
Division: General Division
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