Mete Corporation Group Pty Ltd v Sarina [2020] NSWSC 1304

Supreme Court New South Wales

Medium Neutral Citation: Mete Corporation Group Pty Ltd v Sarina [2020] NSWSC 1304 Hearing dates: 19 August 2020; further written submissions ending 24 August 2020 Date of orders: 19 August, 24 September 2020 Decision date: 24 September 2020 Jurisdiction: Equity Before: Parker J Decision: See [38]-[39] Catchwords: CIVIL PROCEDURE – interim preservation – freezing orders – defendant a natural person resident in Australia – defendant lives in home owned by company (not a party) as trustee for family trust – company enters into contract for sale of home – freezing orders refused against defendant and company – costs – order for payment of sum to company on account of costs of application Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Uniform Civil Procedures Rules 2005 (NSW), r 42.7 Cases Cited: Barnes v Addy (1874) LR 9 Ch App 244 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 French v Bremner (No 2) [2019] NSWSC 1504 Heperu Pty Ltd v Belle (2009) 76 NSWLR 230 Moustapha v Nelson (No 3) [2020] NSWSC 1263 Category: Procedural and other rulings Parties: Mete Corp Group Pty Ltd (First Plaintiff/First Applicant) Abraham Mete (Second Plaintiff/Second Applicant) Clinton Sarina (Defendant/First Respondent) Willela Holdings Pty Ltd (Second Respondent) Representation: Counsel: A Rogers (Plaintiffs/Applicants) D Pritchard SC (Defendant/Respondents)