In the matter of Black Eagle Media Pty Ltd [2014] NSWSC 1778

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Black Eagle Media Pty Ltd [2014] NSWSC 1778 Hearing dates: 24 November 2014 Decision date: 12 December 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order to be made that form of freezing order originally made on 2 July 2014 and continued on 4 July 2014 be reinstated, with adjustment, subject to usual exceptions for payment of reasonable living expenses and legal expenses. Parties to be heard briefly as to costs. Catchwords: EQUITY - equitable remedies - injunction - application for extension of freezing order under Uniform Civil Procedure Rules 2005 (NSW) rr 25.11 and 25.14 - whether applicant has a good arguable case - whether there is a danger of disposal of assets such that if applicant succeeds it will not be able to have its judgment satisfied - discretionary considerations - whether freezing order should be continued. Legislation Cited: - Corporations Act 2001 (Cth) ss 180, 181, 182, 183, 1323, 1324 - Uniform Civil Procedure Rules 2005 (NSW) rr 25.11, 25.14, 25.14(4) Cases Cited: - Beach Petroleum NL v Johnson (1992) 9 ACSR 404 - Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) 198 CLR 380 - Clark Equipment Credit of Aust Ltd v Como Factors Pty Ltd (1988) 14 NSWLR 552 - Clout (as trustee in bankruptcy of the Estate of Dexter) v Anscor Pty Ltd [2001] FCA 174 - Commonwealth Bank of Australia v Saleh [2005] NSWSC 843 - Deputy Commissioner of Taxation v Bollands [2012] FCA 1050 - Finn v Carelli [2007] NSWSC 261 - Frigo v Culhaci [1998] NSWCA 88 - Goumas v McIntosh [2002] NSWSC 713 - Jackson v Sterling Industries Ltd [1987] HCA 23; (1987) 162 CLR 612 - Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 - Perpetual Nominees Ltd v Taouk [2009] NSWSC 605 - Samimi v Seyedabadi [2013] NSWCA 279. Category: Interlocutory applications Parties: Black Eagle Media Pty Ltd (Plaintiff/Second Cross-Defendant) Garo Gabrielian (Defendant/Cross-Claimant) Carlo Hallacq (First Cross-Defendant) Mortgage Loan & General Pty Ltd (Third Cross-Defendant) Representation: Counsel: A W Smith (Plaintiff/Second and Third Cross-Defendants) P Wallis (Defendant/Cross-Claimant) L Corbett (First Cross-Defendant) Solicitors: e.law Legal Services (Plaintiff/Second and Third Cross-Defendants) Pryor Tzannes & Wallis (Defendant/Cross-Claimant) Panetta & Associates Lawyers (First Cross-Defendant) File Number(s): 2014/195638