NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: KTC v Singh & Ors [2018] NSWSC 1510 Hearing dates: 10 September 2018 Decision date: 10 October 2018 Jurisdiction: Equity Before: White J Decision: Application dismissed with costs. Catchwords: CIVIL PROCEDURE – Interim preservation – Freezing orders – No prima facie case that defendant knowingly assisted in a fraudulent design – Where no risk that assets will be dissipated – Delay in bringing proceedings – Inadequate undertaking as to damages – Application dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 25.11 Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Frigo v Culhaci [1988] NSWCA 88 Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft mbH & Co KG (The Niedersachsen) [1984] 1 All ER 398 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 TZ Limited v ZMS Investments Pty Ltd [2010] NSWSC 196 Category: Procedural and other rulings Parties: KTC (Applicant) Naveen David Singh (1st Respondent) XALT Pty Ltd (2nd Respondent) Belinda Gai Singh (3rd Respondent) Endy's Enterprises Pty Ltd (4th Respondent) Representation: Counsel: M B Loughnan QC with B Carew (Applicant) A S Bell SC with JJ Hutton and R A Jedrzejczyk (Respondents)
Solicitors: HWL Ebsworth Lawyers (Applicant) Ashurst (1st & 2nd Respondents) File Number(s): 2018/229073
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