Macquarie Bank v Riley Street Nominees [2005] NSWSC 162

New South Wales Supreme Court

CITATION : Macquarie Bank v Riley Street Nominees [2005] NSWSC 162

HEARING DATE(S) : 3 March 2005

JUDGMENT DATE : 3 March 2005

Equity JURISDICTION : Commercial List

JUDGMENT OF : Campbell J

DECISION : Freezing orders, and disclosure orders subject to privilege against self-incrimination, made

CATCHWORDS : PRACTICE - Mareva orders - how to take account of privilege against self-incrimination in asset disclosure orders - asset disclosure orders against a respondent who has been served but not appeared - purpose of Mareva orders - application of freezing Mareva orders to refinancing of existing liabilities - application of freezing Mareva orders to borrowings for legal purposes

LEGISLATION CITED : Family Law Act 1975

ASIC v Rich (2003) 181 FLR 181 Karl Suleman Enterprizes Pty Ltd (in Liquidation) v Jessie George & Ors [2002] NSWSC 917 CASES CITED : Pathways Employment Services Pty Ltd v West [2004] NSWSC 903 Ross v Internet Wines Pty Ltd [2004] NSWCA 195

Macquarie Bank Limited - Plaintiff/Cross-Defendant to First Cross-Claim/Cross-Defendant to Second Cross-Claim/Applicant Riley Street Nominees Pty Ltd - First Defendant/First Cross-Claimant to First Cross-Claim Raymond Henry Aitken - Second Defendant/Second Cross-Claimant to First Cross-Claim Joseph Bardetta - Third Defendant/Cross-Claimant to Second Cross-Claim/First Respondent PARTIES : Colo Riverside Park Pty Limited - Fourth Defendant/Third Cross-Claimant to First Cross-Claim Abrolane Pty Limited - Fifth Defendant/Fourth Cross-Claimant to First Cross-Claim The Gallery at Wentworth Pty Limited - Sixth Defendant/Fifth Cross-Claimant to First Cross-Claim Ana Maria Bardetta - Second Respondent Harmonious Holdings Pty Ltd - Third Respondent