Sciacca and ors v Langshaw Valuations Pty Limited and ors [2013] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: Sciacca and ors v Langshaw Valuations Pty Limited and ors [2013] NSWSC 1393 Hearing dates: 17 September 2013 Decision date: 19 September 2013 Before: Bellew J Decision: 1. The Notice of Motion is dismissed. 2. The plaintiffs are to pay the costs of the 11th and 12th defendants. Catchwords: FREEZING ORDERS - application to vary - where orders in existence for lengthy period without breach - where no evidence adduced to suggest that judgment would go unsatisfied because of disposition or diminution in value of asset - where balance of convenience favoured the respondents Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Patterson v BTR Engineering Pty Limited (1989) 18 NSWLR 319 Texts Cited: Uniform Evidence Law (9th Edition) - Odgers Category: Interlocutory applications Parties: Frank Sciacca and ors (Plaintiffs) Arnap Pty Limited (11th defendant) Peter John Evans (12th defendant) Representation: Mr A Maroya (Plaintifff) Mr J Hutton (11th and 12th defendants) WKA Legal (Plaintiff) Ashurst Australia (Defendants) File Number(s): 2011/90522 Publication restriction: Nil

Judgment 1Before the Court is a notice of motion filed on 10 September 2013 by the plaintiffs seeking, as against the eleventh and twelfth defendants, variations of a freezing order made by Nicholas J on 27 October 2011. The orders sought in the notice of motion are opposed by the eleventh and twelfth defendants. The matter came before me for hearing as duty judge on 17 September 2013.