State of New South Wales v Shinji Pty Ltd [2022] NSWSC 8

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Shinji Pty Ltd [2022] NSWSC 8 Hearing dates: 6 January 2022 Decision date: 07 January 2022 Jurisdiction: Common Law Before: Ierace J Decision: (1) Upon the plaintiff giving to the Court the usual undertaking as to damages with respect to the second defendant and until 9 February 2022, the Court makes orders in terms of the document which is Annexure 1 hereto. (2) The Court orders that these orders be entered forthwith. (3) The Court lists the matter before the Common Law Duty Judge at 10am on 9 February 2022. Catchwords: CIVIL PROCEDURE – Interim preservation – Freezing orders – Whether there is a good arguable case that damage caused by fire to property of plaintiff was due to actions of second defendant – Whether there is a danger assets of second defendant will be disposed of, dealt with or diminished in value in circumstances where second defendant liquidated first defendant and transferred assets to other entities to which he was a beneficiary Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 25.14 Cases Cited: Blue Mirror Pty Ltd v Pegasus Australia Developments Pty Ltd [2021] NSWSC 961 Formerank Ltd v Luo [2020] NSWSC 1641 Johnson Matthey (Aust) Ltd v Dascorp Pty Ltd (2003) 9 VR 171; [2003] VSC 291 The Council of the City of Sydney v Imaeda [2017] NSWLEC 19 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Shinji Pty Ltd (First Defendant) Masaaki Imaeda (Second Defendant) Representation: Counsel: M Condon SC (Plaintiff)