In the matter of FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2016] NSWSC 625

Supreme Court New South Wales

Medium Neutral Citation: In the matter of FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2016] NSWSC 625 Hearing dates: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made extending freezing orders until further order of court. Orders made increasing the amounts subject to the freezing orders. The First and Third Defendants to pay the Plaintiffs' costs of and incidental to this application as agreed or as assessed. Catchwords: EQUITY — Equitable remedies — Application for extension of freezing orders — Application to amend freezing orders to increase amounts subject to the orders – whether there is good arguable case in respect of the amount sought to be subject to freezing orders – whether there is a danger of disposal of assets such that if applicants succeed they will not have their judgment satisfied — whether balance of convenience favours extending the freezing orders. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW), rr 25.2, 25.11 Cases Cited: - Active Leisure (Sports) Pty Ltd v Sportsman's Australia Ltd [1991] 1 Qd R 301 - Beach Petroleum NL v Johnson (1992) 9 ACSR 404 - Clout (as trustee in bankruptcy of the Estate of Dexter) v Anscor Pty Ltd [2001] FCA 174 - Deputy Commissioner Taxation v Hua Wang Bank Berhad [2010] FCA 1014; (2010) 273 ALR 194 - Jackson v Sterling Industries Limited [1987] HCA 23; (1987) 162 CLR 612 - Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 - R G Munro Futures Pty Ltd (in liq) v Starport Futures Trading Corporation [2008] QSC 337 - Re Black Eagle Media Pty Ltd [2014] NSWSC 1778 - Tomlinson v Cut Price Deli Pty Ltd (Federal Court of Australia, Kiefel J, 23 June 1995, unreported) Texts Cited: - Peter Biscoe, Freezing and Search Orders, (2nd ed 2008, LexisNexis Butterworths) Category: Procedural and other rulings Parties: FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd (Plaintiffs) Timothy (Tim) Xenos (also known as Efthymios Xenos) (First Defendant) EZI Group Pty Ltd (Second Defendant) Fence All Australia Pty Ltd (Third Defendant) Representation: Counsel: J A Arnott (Plaintiffs) M O'Connor (First and Third Defendants)