Apollo Blinds Australasia Pty Ltd v Messner (No 2) [2023] NSWSC 1319

Supreme Court New South Wales

Medium Neutral Citation: Apollo Blinds Australasia Pty Ltd v Messner (No 2) [2023] NSWSC 1319 Hearing dates: 1 November 2023 Date of orders: 1 November 2023 Decision date: 01 November 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Noting the plaintiff, by its counsel, giving the undertakings in Schedule A of Annexure A to the orders made on 27 October 2023, the Court extends the freezing order made on 27 October 2023 in respect of the First Defendant in the form of Annexure A to those orders until further order. (2) Grant liberty to apply on two days' notice. (3) These orders to be entered forthwith. (4) Costs of, and incidental to, the application for interim relief including the appearances on 27 and 30 October and 1 November 2023 are reserved. Catchwords: CIVIL PROCEDURE – interim preservation – extension of freezing orders Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Drama Unit Pty Ltd v Cook [2019] NSWCA 276 Frigo v Culhaci [1998] NSWCA 88 In the matter of C & L Cameron Pty Ltd - GB Gazzana v Nadalan Enterprises Pty Ltd [2012] NSWSC 676 Jackson v Sterling Industries Ltd (1987) 162 CLR 612; [1987] HCA 23 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 72 ALJR 873; [1998] HCA 30 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 TZ Ltd v ZMS Investments Pty Ltd [2010] NSWSC 196 Category: Procedural rulings Parties: Apollo Blinds Australasia Pty Ltd (plaintiff) Sonny Justin Messner (first defendant) Sharyn Anne Messner (second defendant) Representation: Counsel: M Cobb-Clark (plaintiff)