NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Wilden v Jennings (no 2) [2022] NSWDC 237 Hearing dates: 1, 7 & 14 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Civil Before: Wilson SC DCJ Decision: (1) the Defendant's application to further vary the Penal Notice is refused; (2) the Defendant is to pay the Plaintiff's costs of this application; (3) in the event that the Defendant wishes to be heard against the order concerning costs, his solicitor is to notify my Associate and the Plaintiff's solicitor within 48 hours of entering these orders. Catchwords: Freezing Order – Defendant seeking to vary Penal Notice so as to encumber assets to obtain funds for legal expenses – Where Defendant transferred majority of his assets to former partner. Cases Cited: Bindari Beef Pty Ltd v Chinatex (Australia) Pty Ltd [2018] NSWSC 57 Break Fast Investments Pty Ltd v Gravity Ventures Pty Ltd [2013] VSC 89 Deputy Commissioner of Taxation v Bollands [2012] FCA 1050 Goumas v McIntosh [2002] NSWSC 713 Harrison Partners Construction Pty Ltd v Jevena Pty Ltd [2006] NSWSC 317 Category: Consequential orders Parties: Ms Kirra Wilden Mr Michael Jennings Representation: Counsel: Ms L Beange (Plaintiff) Mr J Sleight (Defendant)
Solicitors: Ms M de Luca-Leonard (Plaintiff) Mr G Azzi (Defendant) File Number(s): 2020/00059460 Publication restriction: none
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