Smith v Acquire Asia Pacific Philippines Inc (No 2) [2016] NSWSC 1285

Supreme Court New South Wales

Medium Neutral Citation: Smith v Acquire Asia Pacific Philippines Inc (No 2) [2016] NSWSC 1285 Hearing dates: 8 September 2016 Date of orders: 08 September 2016 Decision date: 08 September 2016 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Order defendant to join with plaintiffs to direct Escrow Agent to pay Escrow Amount to plaintiffs. Catchwords: PRACTICE AND PROCEDURE – freezing order – defendant seeks order freezing part of amount held in escrow until cross-claim is determined – whether there is a danger that a prospective judgment will be unsatisfied – whether evidence supports such a finding –Uniform Civil Procedure Rules 2005 (NSW), r 25.11 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Deputy Commissioner of Taxation v Hua Wang Bank Berhad (2010) 80 ATR 449 Severstal Export GmbH v Bhushan Steel Ltd (2013) 84 NSWLR 141 Smith v Acquire Asia Pacific Philippines Inc [2016] NSWSC 1084 Category: Procedural and other rulings Parties: Jonathan James Smith (First Plaintiff) Saffelberg Investments NV (Second Plaintiff) Richard Weatherstone (Third Plaintiff) Darcy Mark Lalonde (Fourth Plaintiff) Alvin Edillon (Fifth Plaintiff) Windy A Dolendo (Sixth Plaintiff) Acquire Asia Pacific Philippines Inc (Defendant) Representation: Counsel: M Elliott (Plaintiffs) I Pike SC / B Lim (Defendant)

Solicitors: Rankin Ellison Lawyers (Plaintiffs) Marque Lawyers Pty Ltd (Defendant) File Number(s): 2016/116860