FremantleMedia Ltd v Yu [2016] NSWSC 1167

Supreme Court New South Wales

Medium Neutral Citation: FremantleMedia Ltd v Yu [2016] NSWSC 1167 Hearing dates: 16 August 2016 Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Equity Before: McDougall J Decision: Freezing orders continued. Catchwords: PRACTICE AND PROCEDURE – injunctions – freezing order – whether order should be made to extend freezing order – where plaintiff has commenced proceedings against defendants in People's Republic of China – where if successful plaintiff will seek to enforce judgment against defendants in Australia – where there is a danger of non-satisfaction of the prospective judgment in People's Republic of China Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Severstal Export GmbH v Bhushan Steel Ltd (2013) 84 NSWLR 141 FremantleMedia Ltd v Le [2016] NSWSC 983 Category: Procedural and other rulings Parties: FreemantleMedia Ltd (Plaintiff) Le Yu (First Defendant) Lu Gan (Second Defendant) Representation: Counsel: D R Sulan / C Mitchell (Plaintiff) D A Allen (Defendants)

Solicitors: File Number(s): 2016/196179

Judgment (ex tempore – revised 16 august 2016) 1. HIS HONOUR: The plaintiff seeks the continuation of a freezing order that was originally granted ex parte against the defendants on 28 June 2016. The order has been continued from time to time until now, although there was a contested application (on which the defendants succeeded) to vary the terms of the disclosure order that was made as part of the freezing order.