Bupa Hi Pty Limited v Montero [2020] NSWSC 806

Supreme Court New South Wales

Medium Neutral Citation: Bupa Hi Pty Limited v Montero [2020] NSWSC 806 Hearing dates: 18 June 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) I grant leave to the plaintiff to add to paragraph 7 of the form of Summons a Commonwealth Bank account BSB [REDACTED], account no. [REDACTED] and I have noted the Summons accordingly. (2) That leave be granted to the plaintiff to file in Court the Summons and the affidavit of Katherine Morgan sworn 17 June 2020. (3) This Summons be heard instanter for orders 1, 3, 4 and 6. (4) That the time for service of the Summons and affidavit of Katherine Morgan sworn 17 June 2020 be abridged to until 5:00pm (AEST) on Monday 22 June 2020. (5) Upon the plaintiff's usual undertaking as to damages, the receipt of which is hereby noted, a freezing order pursuant to rule 25.11 of the Uniform Civil Procedure Rules 2005 against the defendant in the form of Annexure A to this Summons. Pursuant to rule 25.12 or 25.14 of the Uniform Civil Procedure Rules 2005, should the bank accounts referred to or any other bank accounts held or controlled by the defendant contain funds insufficient to amount to a sum of $1,306,718.00, an order that the defendant be restrained from disposing of, removing, encumbering, diminishing or otherwise dealing with in any way any real property to which the defendant has an interest. (6) The affidavit of Katherine Morgan sworn 17 June 2020 be kept confidential and not be released to or accessed by any person or organisation without leave of a Judge of the Court. (7) Costs are reserved. (8) These orders be entered forthwith. (9) The matter is listed on 26 June 2020 before the Common Law Duty Judge at 10:00am. (10) The plaintiff is to file and serve a Statement of Claim within 21 days. (11) The bank account numbers referred to in the documents and in my judgment and in the affidavit of Katherine Morgan are not to be published. (12) I grant leave to the plaintiff to file in Court an Amended Summons dated 18 June 2020. Catchwords: CIVIL PROCEDURE — interim preservation — freezing orders Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Samimi v Seyedabadi [2013] NSWCA 279 Category: Procedural rulings Parties: Bupa Hi Pty Limited (Plaintiff) Sachin Montero (Defendant) Representation: Counsel: B Clark (Plaintiff)