Keynes Capital Global Ltd v Guo [2022] NSWCA 254

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Keynes Capital Global Ltd v Guo [2022] NSWCA 254 Hearing dates: 28 November 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Before: Bell CJ at [1]; Meagher JA at [2]; Gleeson JA at [68] Decision: (1) Dismiss the application for leave to appeal from orders 3 and 4 of the primary judge made on 3 May 2021. (2) Grant leave to the applicants to appeal from order 1 of the primary judge made on 3 May 2021. That leave is granted in relation to ground 5 of appeal but not in relation to grounds 2 and 4. (3) Allow the appeal from order 1 and set aside orders 1 and 2 of the primary judge made on 3 May 2021. (4) Order that the respondent's notice of motion dated 29 October 2019 be dismissed. (5) Order that the respondent pay the applicants' costs of the notice of motion dated 29 October 2019. (6) Note that no order is made as to the costs of the appeal with the intent that each party bears its or her own costs. Catchwords: CIVIL PROCEDURE – freezing orders – where $22m in funds frozen by consent pending resolution of proceeding in Hong Kong – where primary judge made further freezing order in respect of additional amount – whether exceptional circumstances existed to warrant discharge of consent order – whether primary judge erred in making further freezing order – whether applicant had established good arguable case to judgment in Hong Kong in amount secured by further order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 25.14(3) Cases Cited: Abigroup Ltd v Abignano (1992) 39 FCR 74; [1992] FCA 567 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Lachlan v HP Mercantile Pty Ltd (2015) 89 NSWLR 198; [2015] NSWCA 130 Paino v Hofbauer (1988) 13 NSWLR 193 Pallant v Morgan [1953] Ch 43 PT Bayan Resources TBK v BCBC Singapore Pte Ltd (2015) 258 CLR 1; [2015] HCA 36 Texts Cited: D Foskett, Foskett on Compromise (9th ed, 2020, Sweet & Maxwell) Category: Principal judgment Parties: Keynes Capital Global Limited (First Applicant) General Energy International Holdings Limited (Second Applicant) Hui Guo (Respondent) Representation: Counsel: B Walker SC with G Gee and E Dunlop (Applicants) A Young KC with JA Granger (Respondent)