In the matter of The Summit Hotel Bondi Beach Pty Ltd (No 3) [2023] NSWSC 630

Supreme Court New South Wales

Medium Neutral Citation: In the matter of The Summit Hotel Bondi Beach Pty Ltd (No 3) [2023] NSWSC 630 Hearing dates: 8 June 2023 Decision date: 13 June 2023 Jurisdiction: Equity - Corporations List Before: Robb J Decision: Orders will be made in the form proposed by the fourth and fifth defendants, including the agreed variations, subject to the undertakings to be given to the Court. Catchwords: CIVIL PROCEDURE — interim preservation — freezing orders — bespoke orders drafted to provide sufficient security to plaintiffs in circumstances where freezing orders enable defendant company to repay debts impugned by plaintiff in proceedings Legislation Cited: Practice Note SC Gen 16 Cases Cited: In the matter of The Summit Hotel Bondi Beach Pty Ltd (No 2) [2023] NSWSC 487 Category: Consequential orders Parties: Efrem Harkham (First Plaintiff) 10-12 Campbell Parade Pty Ltd (Second Plaintiff) The Summit Hotel Bondi Beach Pty Ltd (First Defendant) HK Empire Pty Ltd (Second Defendant) Patglen Pty Ltd (Third Defendant) Terry Harkham (Fourth Defendant) Geraldine Harkham (Fifth Defendant) Representation: Counsel: GA Sirtes SC/PD Reynolds (Plaintiffs) DR Sulan SC/R Jameson (Second, Fourth and Fifth Defendant)

Solicitors: Assured Legal Solutions (Plaintiffs) Jones Day (Second, Fourth and Fifth Defendant) Norton Rose Fulbright (First and Third Defendant) File Number(s): 2022/00372454 Publication restriction: Nil