In the matter of Statewide Office Furniture Pty Ltd [2018] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Statewide Office Furniture Pty Ltd [2018] NSWSC 1393 Hearing dates: 23 August 2018 Date of orders: 07 September 2018 Decision date: 10 September 2018 Jurisdiction: Equity Before: Brereton JA Decision: See [88] and [90] Catchwords: EQUITY — Equitable remedies — Restitution – whether funds dealt with contrary to Asset Preservation Order should be repaid

CIVIL PROCEDURE — Probate and administration of estates — Supervision of administration - Restitution – whether funds dealt with contrary to Asset Preservation Order should be repaid

COSTS — Party/Party — Timing – whether interlocutory costs should be payable forthwith – where other interlocutory costs orders against other party – where payment forthwith will result in multiple assessments

COSTS — Party/Party — Costs orders in interlocutory proceedings – whether costs order should be varied – where costs order entitled setoff against money payable – where setoff should be varied to entitle setoff against costs only

JUDGMENTS AND ORDERS — Enforcement — Garnishee order – whether garnishee order should be made – where the Family Court has made a Freezing Order – where Family Court has noted that the Wife consents to release of funds in name of the husband from the frozen account to satisfy order of Supreme Court

CIVIL PROCEDURE — Notices to produce — Before hearing — where defendant issues notice to deed administrator who is joined only for a limited purpose - whether deed administrator as recipient of notice should have order for payment of costs of compliance