In the matter of Gondon Five Pty Ltd [2016] NSWSC 1584

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gondon Five Pty Ltd [2016] NSWSC 1584 Hearing dates: Tuesday, 18 October 2016 Date of orders: 18 October 2016 Decision date: 18 October 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Refer para [16] Catchwords: EQUITY – equitable remedies – injunctions – where previous orders contained no express carve-out for reasonable legal expenses – significant legal costs incurred at early stage and now additional proceedings brought – general proposition freezing order should not prevent payment of legal costs and expenses reasonably incurred – does not mean express carve-out for legal costs required if practical effect of order is not to prevent payment – proposition at strongest where freezing order granted in aid of claim for unsecured debt or damages – previous judgment made clear that carve-out not required – structure of parties involved in proceedings are such that two-thirds of what trustee of trust receives will be available for distribution Legislation Cited: (CTH) Corporations Act 2001, s 237 Cases Cited: In the matter of Gondon Five Pty Ltd [2016] NSWSC 1401 Category: Consequential orders (other than Costs) Parties: Tracy Xiaowen Cui (plaintiff) Cui Family Asset Management Pty Limited (first defendant) Gondon Five Pty Limited (second defendant) Jinsong Cui (third defendant) Arise Constructions Pty Limited (fourth defendant) Representation: Counsel: J Clark (plaintiff) L Chapman (defendant)