Westpac Banking Corporation v Sentox Pty Ltd [2022] NSWSC 150

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Sentox Pty Ltd [2022] NSWSC 150 Hearing dates: 16 February 2022 Decision date: 23 February 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The notice of motion filed on 1 February 2022 be dismissed with costs. (2) Upon the plaintiff giving the undertakings contained in Schedule A of Annexure B to the notice of motion filed 6 December 2021, make orders in terms of the asset disclosure orders set out in Annexure A to this judgment and asset preservation orders set out in Annexure B to this judgment. (3) Order that the eighth defendant pay the plaintiff's costs of the notice of motion filed on 6 December 2021. Catchwords: CIVIL PROCEDURE — Summary disposal — Whether proceedings against the eighth defendant should be dismissed — Whether the claim identifies any representation and if so whether it has been sufficiently particularised CIVIL PROCEDURE — Interim preservation — Freezing orders — Whether freezing order should be issued against the eighth defendant where there have been allegations of deceit made against the eighth defendant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brambles Australia Ltd t/as CHEP Australia v Tatale Pty Ltd [2006] NSWSC 204 Hastie Group Ltd (in liq) v Bourne [2017] NSWSC 709 Hurst v Prasad [2021] FCA 1562 Magill v Magill (2006) 226 CLR 551 Patterson v BTR Engineering (Aust) Ltd (1989) NSWLR 319 Reid v Hartcher [2017] NSWSC 1274 Category: Procedural rulings Parties: Westpac Banking Corporation (Plaintiff) Sentox Pty Ltd (Receivers and Managers Appointed) (First Defendant) Kathie Musumeci (Second Defendant) Andrew Musumeci (Third Defendant) Cheeky Farms Pty Ltd (Fourth Defendant) ACE Agriculture Pty Ltd (Fifth Defendant) Musumeci Property Investments Pty Ltd (Sixth Defendant) CAO Holdings Pty Ltd (Seventh Defendant) Sahar El-Ahmad aka Sahar Abbas (Eighth Defendant) Representation: Counsel: T Mehigan SC with J Foley (Plaintiff) P Newton SC with M Hazan (Eighth Defendant)