Allianz v Vitale & Ors [2015] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: Allianz v Vitale & Ors [2015] NSWSC 352 Hearing dates: 19 March 2015 Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: Existing Freezing Orders continued. Respondent ordered to pay into Court the balance of monies the judgment debtor paid to the respondent company on 30 January 2015. Catchwords: FREEZING ORDERS – application for interim preservation orders in support of claim over funds – where judgment debtor had filed a debtors petition and become bankrupt – where judgment debtor had caused funds to be transferred to respondent company controlled by judgment debtor – where respondent company's funds appear to have been used for personal expenditure of judgment debtor – company exercising a power of disposition over judgment debtor's assets – whether existing orders should be continued – whether subject funds should be paid into court. Legislation Cited: Bankruptcy Act 1966 (Cth) Conveyancing Act 1919, s 37A Uniform Civil Procedure Rules 2005, r 25.14(5) Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Clarke v Chadburn (1985) 1 WLR 78 Bank of Western Australia Ltd v Ocean Trawlers Pty Ltd (1994) 13 WAR 407 Millennium Federation Pty Ltd v Bigjig Pty Ltd [2000] 1 Qd R 275 Slieman v Afeich [2005] NSWSC 1063 Category: Consequential orders (other than Costs) Parties: Applicant: Allianz Australia Insurance Limited ACN 000 122 850 First defendant: Anthony Vitale Second defendant: Giuliana Vitale First Respondent: Avcon (NSW) Pty Ltd ACN 079 265 802 Second Respondent: Paul Vitale Third Respondent: AV Guardian Pty Ltd ACN 126 152 127 Fourth Respondent: Gary William Lee Representation: Counsel: Applicant: M. Ashhurst SC, A. Smith Respondent: D. Allen