B1 v B2 (No. 3) [2018] NSWDC 108

District Court New South Wales

Medium Neutral Citation: B1 v B2 (No. 3) [2018] NSWDC 108 Hearing dates: 26 April 2018 Date of orders: 26 April 2018 Decision date: 26 April 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: See [32] Catchwords: PRACTICE AND PROCEDURE – defamation proceedings commenced by the plaintiff against his former wife – plaintiff not informed of sale of his former wife's home – plaintiff brings application for freezing orders on the basis that this is the defendant's sole asset of substance – whether there is a good arguable case – whether the any prospective judgment would be partly or wholly unsatisfied – freezing orders made on an interim basis Legislation Cited: District Court Act 1973 (NSW), ss 44 and 46 Family Law Act 1975 (Cth), s 64 Uniform Civil Procedure Rules 2005 (NSW), rr 25.11 to 25.14 Cases Cited: Agar v Hyde (2000) 201 CLR 552 B1 v B2 [2017] NSWDC 252 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Kirkham v Tassone [2015] SASC 6 Megna v Marshall [2012] NSWSC 436 Ninemia Maritime Corporation v Trave Schiffahrtsgesellschaft mbH & Co KG "The Niedersachsen" [1983] 1 WLR 1412 Samimi v Seyedabadi; Seyedabadi v Samimi [2013] NSWCA 279 Severstal Export GmbH v Bhushan Steel Ltd (2013) 84 NSWLR 141 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Plaintiff: B1 Defendant: B2 Representation: Counsel: Plaintiff: Mr M J Lewis Defendant: No appearance