Abignano Nominees Pty Limited v Altius Pty Limited [2017] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: Abignano Nominees Pty Limited v Altius Pty Limited [2017] NSWSC 1452 Hearing dates: 24 October 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Common Law Before: Campbell J Decision: Orders in accordance with short minutes of order. Catchwords: CIVIL PROCEDURE – Service – Ex parte application – Application for short service

CIVIL PROCEDURE – Interim preservation – Ex parte application – Freezing order Category: Procedural and other rulings Parties: Abignano Nominees Pty Limited (Applicant) Altius Pty Limited (Respondent) Representation: Counsel: Mr D Neggo (Applicant, ex parte)

Solicitors: M&K Lawyers Group (Applicant) File Number(s): 2017/320112 Publication restriction: Nil

EX TEMPORE Judgment (REVISED) 1. I have given leave to the plaintiff to file a notice of motion in Court, upon the undertaking of the solicitor to pay the prescribed fee, seeking inter alia short service of the motion and affidavit on the defendant. 2. The proceedings seeking recovery of what is said to be a debt were filed yesterday and although it is unnecessary at this stage for me to descend into any detail or touch upon the merits of any application, it has been explained to me by Mr Neggo of Counsel, who appears for the plaintiff, that there is a concern that a property known as Pasadena at Church Point, being developed by the defendant, in respect of which the plaintiff says it made the loans, may be sold unless a freezing order or asset preservation order is made. That is the main relief sought in the notice of motion. 3. It seems to me appropriate at this stage to simply make the orders for short service which have been sought and to bring the matter back before me as Duty Judge on Thursday, 26 October 2017 at 10am. 4. Although the motion filed in Court has been returnable instanter, I will endorse the date of "26 October at 10am at Court 10A, Law Courts Building, Queen Square, Sydney" on the motion. I otherwise make orders in accordance with the short minutes of order sought, as further engrossed by me and which I have signed and dated today. 5. Those orders may be entered forthwith.