Lakis v Lardis [2016] NSWSC 1459

Supreme Court New South Wales

Medium Neutral Citation: Lakis v Lardis [2016] NSWSC 1459 Hearing dates: 29 September 2016 Decision date: 29 September 2016 Jurisdiction: Equity - Duty List Before: White J Decision: Refer to para [49] of judgment. Catchwords: PRACTICE AND PROCEDURE — Judgments and orders — Freezing orders — Application to discharge freezing orders — Whether there is a serious question to be tried — Whether there is a risk of dissipation of assets — Whether plaintiff motivated by a collateral and improper purpose — Plaintiffs' claim not strong — Evidence as to the risk of dissipation of assets reasonably strong — Plaintiff has used the making of the freezing orders for a collateral purpose — Freezing orders discharged Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Ross v Internet Wines Pty Ltd (2004) 60 NSWLR 436; [2004] NSWCA 195 Resort Hotels Management Pty Ltd v Resort Hotels of Australia Pty Ltd [1991] 22 NSWLR 730 Commonwealth Bank of Australia v Saleh [2005] NSWSC 843 Re Black Eagle Media Pty Ltd [2014] NSWSC 1778 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Category: Procedural and other rulings Parties: Edward Ted Lakis (1st Plaintiff) Amazon Pest Control Pty Ltd (In Liquidation) (2nd Plaintiff) Michael Victor Lardis (1st Defendant) Athena Lardis (2nd Defendant) Sfakia Pty Ltd (3rd Defendant) FLT Holdings Pty Ltd (In Liquidation) (4th Defendant) Representation: Counsel: N Bender (Plaintiff) B De Buse (Defendants)