YAJ1 v Opera Australia [2021] NSWSC 771

Supreme Court New South Wales

Medium Neutral Citation: YAJ1 v Opera Australia [2021] NSWSC 771 Hearing dates: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Note the undertaking made by the second defendant in terms of exhibit 1. (2) Note that the plaintiff, by her counsel Mr Loukas, has given the usual undertaking as to damages. (3) Order the second defendant, within 14 days, to file and serve on the applicant an affidavit: (a) setting out all of his assets worldwide, specifying their value, location, and details including any mortgages, charges or other encumbrances to which they are subject, the extent of his interest in any of these assets, and, in the case of any bank accounts which he controls, the name of the bank in which the account is held, the name of the branch, the name of the account, the name of a person in whose name the account is held, the account number, and the balance of the account as at the date of the affidavit; and (b) in respect of the proceeds of sale of the property known as the Lewisham property: (i) the amount received by the second defendant and the date on which the amount or amounts were received; (ii) what the second defendant did with the proceeds and, whether they if they, or any part of them, were used to purchase an assets, what the asset is and where is it located, whether any part of the proceeds remains and if, so, how much and in what account or in what form. (4) The costs of the plaintiff's notice of motion are to be the plaintiff's costs of the cause. (5) Matter adjourned to 15 July 2021 at 9.15am. Catchwords: CIVIL PROCEDURE — Statement of claim — Plaintiff seeking damages, an interim asset freezing order and an ancillary order that the second defendant disclose all of his assets and what occurred with the proceeds of a sale of real estate — Second defendant swore an affidavit in which he deposes as to some of his assets — Affidavit presently sufficient in lieu of the freezing order — Second defendant ordered to swear, file and serve an affidavit COSTS — Party/Party — Costs of the motion are to be the plaintiff's costs in the cause Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) (UCPR), Part 25 Cases Cited: Blatch v Archer (1774) 98 ER 969 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Category: Procedural rulings Parties: YAJ1 (Plaintiff) Opera Australia (First Defendant) David Edward Lewis (Second Defendant) Representation: Counsel: B Loukas (Plaintiff) H Halligan (Second Defendant)