Goulburn International Pty Limited v GEMI 160 Pty Limited [2021] NSWSC 796

Supreme Court New South Wales

Medium Neutral Citation: Goulburn International Pty Limited v GEMI 160 Pty Limited [2021] NSWSC 796 Hearing dates: 25, 28 June 2021 Date of orders: 29 June 2021 Decision date: 28 June 2021 Jurisdiction: Equity - Duty List Before: Parker J Decision: See [80]-[81] Catchwords: CIVIL PROCEDURE – interim preservation – freezing order – mortgagors seek to restrain mortgagee from paying out part of proceeds of sale of mortgaged properties – scope of exceptions to freezing order – whether mortgagee can be prevented from making payments to third party investors under contracts made before the dispute arose – consideration of Jackson v Sterling, Cardile and Coral Rose – application refused Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Uniform Civil Procedure Rules 2005 (NSW), r 25.11 Cases Cited: Atlas Maritime Co SA v Avalon Maritime Ltd; The Coral Rose (No 1) [1991] 4 All ER 769 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 Iraqi Ministry of Defence v Arcepey Shipping Co SA; The Angel Bell [1981] QB 65 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 National Australia Bank Ltd v Bond Brewing Holdings Pty Ltd (1990) 169 CLR 271 Rahman (Prince Abdul) v Abu-Taha [1980] 1 WLR 1268 Williams v Spautz (1992) 174 CLR 509 Category: Procedural rulings Parties: Goulburn International Pty Limited (Receivers and Managers appointed) (First Plaintiff) Morgan & Morgan Constructions Pty Limited (Receivers and Managers appointed) (Second Plaintiff) Austluck Property Pty Limited (Receivers and Managers appointed) (Third Plaintiff) K&C Holdings Australia Pty Limited (Receivers and Managers appointed) (Fourth Plaintiff) GEMI 160 Pty Limited (Defendant) Representation: Counsel: L Gor (Plaintiffs) M Ashhurst SC/H Somerville (Defendant)