Jingalong Pty Ltd v Todd (No 2) [2014] NSWCA 347

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jingalong Pty Ltd v Todd (No 2) [2014] NSWCA 347 Hearing dates: 9 October 2014 Decision date: 09 October 2014 Before: Gleeson JA Decision: See paragraph [16] and Schedule [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - Mareva orders - Application for freezing order pending hearing and outcome of appeal where there is an unpaid costs order of the judgment below - Application made on urgent ex parte basis - Whether to make interim freezing order, pending return of the motion, to restrain respondent from dealing with the proceeds of sale of property where likely that net proceeds of sale will be dissipated Legislation Cited: Real Property Act 1900 (NSW) s 42 Cases Cited: Jingalong Pty Ltd v Todd [2014] NSWCA 330 Todd v Jingalong Pty Ltd [No 2] [2014] NSWSC 440 Category: Interlocutory applications Parties: Gregory George Todd (Applicant) Jingalong Pty Ltd (First respondent) Brett Pernice (Second respondent) Representation: Counsel: D Brezniak (Applicant) Solicitors: Johnston Tobin (Applicant) File Number(s): 2014/137752 Decision under appeal Jurisdiction: 9111 Citation: Todd v Jingalong Pty Ltd [2014] NSWSC 362 Date of Decision: 2014-03-31 00:00:00 Before: Kunc J File Number(s): 2012/344643