Australian Turf Club Limited v Wallace [2012] NSWSC 292

Supreme Court New South Wales

Medium Neutral Citation: Australian Turf Club Limited v Wallace [2012] NSWSC 292 Hearing dates: 26 March 2012, 27 March 2012, 28 March 2012 Decision date: 28 March 2012 Jurisdiction: Common Law Before: Johnson J Decision: Orders made on 27 March 2012: Orders made declining to extend the freezing order made on 13 February 2012 and dissolving that order. Orders made on 28 March 2012: (a) The Plaintiff's Notice to Produce served on 22 March 2012 is set aside. (b) The Defendant's Notice to Produce served on 15 March 2012 is set aside. (c) The Plaintiff's Notice of Motion filed on 23 March 2012 is set aside with no order to the costs of that Motion. (d) The Plaintiff is ordered to pay the Defendant's costs of the appearances before Davies J on 16 March 2012 and before me on 26, 27 and 28 March 2012 on the ordinary basis. (e) Decline to make an order, for the purposes of Rule 42.7(2) Uniform Civil Procedure Rules 2005, that the costs order made in paragraph (d), will be payable forthwith. (f) The costs of the hearing before RA Hulme J on 9 March 2012 are to be costs in the cause. (g) An order is made under s.146(1) Civil Procedure Act 2005 transferring the proceedings to the District Court of New South Wales. Catchwords: PRACTICE AND PROCEDURE - proceedings for debt - claim for unpaid fees for use of horse training facilities - freezing order made upon commencement of proceedings - whether freezing order should be continued - further order declined - costs application - claim by Defendant for indemnity costs - costs order made on ordinary basis - proceedings transferred to District Court Legislation Cited: Civil Procedure Act 2005 District Court Act 1973 Foreign Judgments Act 1991 (Cth) Foreign Judgments Regulation 1992 (Cth) Uniform Civil Procedure Rules 2005 Practice Note SC Gen 14 Supreme Court - Freezing Orders (also known as Mareva Orders or Asset Preservation Orders) Cases Cited: Cardile v LED Builders Pty Limited [1999] HCA 18; 198 CLR 380 Jackson v Sterling Industries Limited [1987] HCA 23; 162 CLR 612 Patterson v BTR Engineering (Aust) Limited (1989) 18 NSWLR 319 Frigo v Culhaci [1998] NSWCA 88 Electric Mobility Company Pty Limited v Whiz Enterprises Pty Limited [2006] NSWSC 580 Aquasun Pty Limited v Coverdale Ram Pty Limited [2000] NSWSC 1146 Texts Cited: --- Category: Interlocutory applications Parties: Australian Turf Club Limited (Plaintiff) Mark Julian Wallace (Defendant) Representation: Counsel: Mr H Chiu (Plaintiff) Mr RR Stitt QC; Ms L McBride (Defendant) Solicitors: Yeldham Price O'Brien Lusk (Plaintiff) Eakin McCaffrey Cox (Defendant) File Number(s): 2012/46860 Publication restriction: ---