Brown v Kells [2009] NSWSC 648

New South Wales Supreme Court

CITATION : Brown v Kells [2009] NSWSC 648 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26 June 2009

JUDGMENT DATE : 26 June 2009

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 26 June 2009

DECISION : Freezing order declined. Notice of Motion adjourned to Thursday 9 July at 9am before the Registrar for mention. Direct any affidavits on behalf of the defendant be filed and served on or before 4pm on 8 July 2009. Costs of today will be costs in the motion.

CATCHWORDS : Civil Procedure - application freezing order

CATEGORY : Procedural and other rulings

CASES CITED : Print Management Australia Pty Limited v Pasupati [2008] NSWSC 342

PARTIES : John Brown Brett Kells

FILE NUMBER(S) : SC 10910/09

COUNSEL : R Lovas (Plaintiff)

SOLICITORS : M Lalji (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

26 June 2009

2009/10910 John BROWN v Brett KELLS

JUDGMENT 1 HIS HONOUR: The plaintiff, by a notice of motion filed on 22 January 2009, seeks an order for summary judgment in respect of paragraph 1 of the relief claimed in the statement of claim, and an order in the terms of the draft order attached. The draft order is a freezing order.

2 In view of the fact that the defendant was served with the notice of motion, as I understand it, two days ago and resides in Denman New South Wales, I am of the view that it is in the interests of the dictates of justice that the notice of motion be adjourned for two weeks to enable the defendant to prepare his opposition to the application for summary judgment. What the debate has involved this afternoon is whether or not it is appropriate to make a freezing order.