Strange v Turnbull; McKenzie v Turnbull [2021] NSWSC 27

Supreme Court New South Wales

Medium Neutral Citation: Strange v Turnbull; McKenzie v Turnbull [2021] NSWSC 27 Hearing dates: 22 and 25 January 2021 Decision date: 25 January 2021 Jurisdiction: Common Law Before: Ierace J Decision: In proceedings 2017/229368: (1) The notice of motion of the defendant filed on 21 January 2021 is dismissed; (2) The Judgment Debtor is not to dissipate any of the sale proceeds, or further dissipate any such proceeds, received with respect to the sale of the real property known as "Erralee" being the land contained in folio 11/1017699 (the Sale Proceeds); (3) The Judgment Debtor is not to dissipate any other sale proceeds, or further dissipate such proceeds received, or receivable, with respect to any sale of any other real property (Other Sale Proceeds); (4) By Thursday 28 January 2021 at 5pm the Judgment Debtor is to inform the Judgment Creditors in writing of the bank account details where the Sale Proceeds and/or the Other Sale Proceeds are held on account and the remaining balance, or balances, together with production of account statements or verified account transaction records; (5) The Judgment Debtor is to inform the Judgment Creditors in writing of any settlement date, or dates, of any contracts for the sale of interests in real property no later than five business days after any such date or dates have been agreed; (6) The Judgment Debtor must not remove from Australia, or in any way dispose of, deal with or diminish the value of the Judgment Debtor's assets in Australia, held beneficially or otherwise, so that the collective net unencumbered value does not fall beneath $3,233,238.71; (7) Without the prior agreement of the Judgment Creditors or the leave of the Court first obtained, the Judgment Debtor is not to further encumber the properties referred to in these proceedings as "North Yambin", including Field 81, and "Buckie Station"; (8) Order that the costs of the notices of motion filed by the plaintiffs on 27 December 2020 and filed by the defendant on 21 January 2021 are to be paid by the defendant. In proceedings 2015/183692: (1) The notice of motion of the defendant filed on 21 January 2021 is dismissed; (2) The Judgment Debtor is not to dissipate any of the sale proceeds, or further dissipate any such proceeds, received with respect to the sale of the real property known as "Erralee" being the land contained in folio 11/1017699 (the Sale Proceeds); (3) The Judgment Debtor is not to dissipate any other sale proceeds, or further dissipate such proceeds received, or receivable, with respect to any sale of any other real property (Other Sale Proceeds); (4) By Thursday 28 January 2021 at 5pm the Judgment Debtor is to inform the Judgment Creditor in writing of the bank account details where the Sale Proceeds and/or the Other Sale Proceeds are held on account and the remaining balance, or balances, together with production of account statements or verified account transaction records; (5) The Judgment Debtor is to inform the Judgment Creditor in writing of any settlement date, or dates, of any contracts for the sale of interests in real property no later than five business days after any such date or dates have been agreed; (6) The Judgment Debtor must not remove from Australia, or in any way dispose of, deal with or diminish the value of the Judgment Debtor's assets in Australia, held beneficially or otherwise, so that the collective net unencumbered value does not fall beneath $2,773,321.31; (7) Without the prior agreement of the Judgment Creditor or the leave of the Court first obtained, the Judgment Debtor is not to further encumber the properties referred to in these proceedings as "North Yambin", including Field 81, and "Buckie Station"; (8) The costs of the notices of motion filed by the plaintiffs on 27 December 2020 and filed by the defendant on 21 January 2021 are to be paid by the defendant. Catchwords: CIVIL PROCEDURE – interim preservation – freezing orders – extension Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: R v Turnbull (No 26) [2016] NSWSC 847 Strange v Turnbull; McKenzie v Turnbull [2020] NSWSC 1923 Strange v Turnbull; McKenzie v Turnbull (No 2) [2020] NSWSC 1924 Category: Procedural rulings Parties: Proceedings 2015/183692 Robert John Strange (Plaintiff) Robeena June Turnbull and Grant Wesley Turnbull as Executors for the estate of the late Ian Robert Turnbull (First Defendant) Sylvester Joseph (First Respondent) Robeena June Turnbull (Second Respondent)