Morse v Riley (No 3) [2014] NSWSC 236

Supreme Court New South Wales

Medium Neutral Citation: Morse v Riley (No 3) [2014] NSWSC 236 Hearing dates: 13 March 2014 Decision date: 13 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Order, subject to Order 2, that the first defendant : (a) Before 27 March 2014 swear and serve on the plaintiffs an affidavit setting out: (i) all his assets worldwide, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of his interest in the assets; (ii) all assets which he has disposed of, dealt with, or encumbered in the 24 months preceding this order, save for ordinary living expenses of up to $1000 per week, giving their value, location and details and the extent of his interest or former interest in the assets (iii) the value of his shares in Altroy Pty Limited; (iv) the identity of assets held by Altroy Pty Ltd, and their value. (b) To produce to the plaintiffs' solicitor all documents relating to any change of status of Altroy Pty Limited to a superannuation trustee company. 2. If the first defendant wishes to object to complying with paragraph 1 on the grounds that some or all of the information required to be disclosed may tend to prove that he: a) has committed an offence against or arising under an Australian law or a law of a foreign country; or b) is liable to a civil penalty he must: (i) disclose so much of the information required to be disclosed to which no objection is taken; and (ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and (iii) file and serve on each other party a separate affidavit setting out the basis of the objection. 3. Grant liberty to apply. Catchwords: ASSET PRESERVATION ORDER - disclosure of information - no question of principle. Cases Cited: Morse v Riley (No 2) (Supreme Court (NSW), Button J, 12 February 2014, unrep) Category: Interlocutory applications Parties: Joanna Louise Morse (First Plaintiff) Joanna Chapman Investments Pty Ltd (Second Plaintiff) Michael Thomas Riley (First Defendant) Julianne Riley (Second Defendant) LawCover Insurance Pty Ltd (Cross Defendant) Representation: Counsel: T. Molomby SC, M. Fraser (Plaintiffs) No appearance (Defendants) J. Downing (Cross Defendant) Solicitors: Castagnet Lawyers (Plaintiffs) Submitting appearance (First Defendant) HWL Ebsworth (Cross Defendant) File Number(s): 2011/177707