Horton Asset Pty Ltd v HMSY Group Pty Ltd [2024] NSWSC 1619

Supreme Court New South Wales

Medium Neutral Citation: Horton Asset Pty Ltd v HMSY Group Pty Ltd [2024] NSWSC 1619 Hearing dates: 16 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Note the defendants undertaking not to deal with the funds referred to in order 1(b) of the orders made by Button J on 28 June 2024 prior to 4pm on 17 December 2024. 2. Default judgment for the plaintiff is entered in the sum of $2,016,642.47. 3. The defendant is to pay the plaintiff's costs of the proceedings on an indemnity basis, other than those costs relating to the making and extension of the freezing orders, which costs are to be paid by the defendant on an ordinary basis. 4. The defendant's notice of motion filed on 5 November 2024 is dismissed with costs. Catchwords: CIVIL PROCEDURE — interim preservation — freezing orders —whether freezing order should be discharged — where terms of the freezing order are such that the money resides in defendant's solicitors' trust account pending the determination of the proceedings — where an application for default judgment has been made — where no application for extension of freezing orders was made — no variation to freezing order permitted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.3, 16.6 Cases Cited: National Australia Bank Ltd v Human Group Pty Ltd (No 2) [2020] NSWSC 1900 Category: Procedural rulings Parties: Horton Asset Pty Ltd (Plaintiff) HMSY Group Pty Ltd (Defendant) Representation: Counsel: Mr N Kabilafkas (Plaintiff) Mr M Ayache (Defendant)