Joanne Elizabeth Young v Leslie James Young [2014] NSWSC 1475

Supreme Court New South Wales

Medium Neutral Citation: Joanne Elizabeth Young v Leslie James Young [2014] NSWSC 1475 Hearing dates: 4 September 2014 Decision date: 04 September 2014 Before: Rothman J Decision: (1)Vacate order 4 of the orders made by Bellew J on 29 August 2014; (2)Otherwise the orders of Bellew J remain in force; (3)In relation to the Short Minute of Orders, (a)Pursuant to 25.12 of the Uniform Civil Procedure Rules 2005, by 4pm on 12 September 2014, the defendant to file and serve an affidavit of assets held by him (including any acquired or disposed of assets) worth more than $1,000.00 in the period of April 2013 to the date of the affidavit relating to the following individuals and entities: (i)The defendant; (ii)Josephine Aapa Smith; (iii)Jetobee Pty Limited; (iv)Smith and Young Pty Limited; (v)LJ & CA Young Pty Limited; (vi)Nouveu Contractors Services Pty Limited; (b)Leave is granted to the plaintiff the file and serve, by 5.00pm on 5 September 2014, subpoenas for financial records in the period from 31 December 2012 to date for each of the individuals and entities referred to in paragraph 3(a) above with the subpoenas to be returnable at 9.00am on 11 September 2014. This order is made with the following qualification, namely, that leave is being granted for subpoenas in appropriate form for what are otherwise considered to be financial records in relation to transactions or matters that relate to the defendant Leslie James Young; (4)The matter is listed before the duty judge on 15 September 2014; (5)Reasons reserved; (6)Costs be costs in the cause arising from these matters or relating to any matter arising against the respondent. Catchwords: INJUNCTION – Defendant failed to satisfy judgment debt – allegation of transactions lacking bona fides – bankruptcy to render defendant judgment proof – transfer property to partner respondent to motion – mareva injunction continued Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Bayley & Associates Pty Ltd v DBR Australia Pty Ltd [2012] FCA 746 Frigo v Culhaci [1998] NSWCA 88 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) [1998] HCA 30; (1998) 195 CLR 1 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Reliance Financial Services Pty Ltd v Lemery Holdings Pty Ltd [2006] NSWSC 1079 Ryder v Frohlich (No 2) [2006] NSWSC 1325 Vaughan v Duncan [2007] NSWSC 811 Category: Interlocutory applications Parties: Joanne Elizabeth Young (Plaintiff) Leslie James Young (Defendant) Josephine Smith (Respondent) Representation: Counsel: D Campbell SC/ with J Sheller (Plaintiff) J Johnson (Trustee in Bankruptcy of Defendant) Solicitors: File Number(s): 2008/286909 Publication restriction: None