In the matter of Keybridge Capital Limited [2024] NSWSC 1215

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Keybridge Capital Limited [2024] NSWSC 1215 Hearing dates: 20 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Freezing order made for short period pending further listing. Catchwords: CIVIL PROCEDURE — Interim preservation — Freezing orders — Against third parties — Jurisdiction to make freezing order — Discretion whether to make freezing order — Where evidence led raises risk of continued dissipation of assets without reserving funds to meet judgment — Where plaintiff in derivative proceedings or liquidator has prospective claims against Second Defendant. Legislation Cited: - Corporations Act 2001 (Cth), Ch 2E, ss 208, 209(2), 1317H - Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 25.14 Cases Cited: - Australian Securities and Investments Commission v Adler (2002) 41 ACSR 72; [2002] NSWSC 171 - Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 - PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015]258 CLR 1; [2015] HCA 36 - Re HPAC Investments Pty Ltd [2020] NSWSC 1638 Category: Consequential orders Parties: WAM Active Limited (Plaintiff) Keybridge Capital Limited (First Defendant) Nicholas Francis John Bolton (Second Defendant) Representation: Counsel: M R Pesman SC/D Krochmalik (Plaintiff) A Gandar (First Defendant) A T Broadfoot/E Doyle-Markwick (Second Defendant)