The Cleaning Doctor NSW Pty Ltd v Jeffrey Alexis Fonseca [2019] NSWSC 955

Supreme Court New South Wales

Medium Neutral Citation: The Cleaning Doctor NSW Pty Ltd v Jeffrey Alexis Fonseca [2019] NSWSC 955 Hearing dates: 2, 4 and 9 July 2019 Date of orders: 30 July 2019 Decision date: 30 July 2019 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Freezing orders continued for a further limited period. Orders made to accelerate production of an expert's report as to the forgery or otherwise of the joint venture agreement. Costs reserved. Catchwords: INTERLOCUTORY RELIEF – freezing orders – application for the continuation of freezing orders – plaintiffs allege defendants have misappropriated funds held in a joint venture bank account – defendants deny joint venture – plaintiffs allege written joint-venture agreement giving security over defendants' properties – defendants alleges the agreement is a forgery – whether there is a serious question to be tried – whether there is a risk of dissipation of assets – plaintiffs offer undertaking as to damages – question as to the value of the plaintiffs' undertaking as to damages – plaintiffs say that any impecuniosity is caused by the defendants – balance of convenience in extending freezing orders Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Beese v Woodhouse [1970] 1 All ER 769 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Collier v Howard (Supreme Court (NSW), McLelland Cooper v Maloney (No 6) [2012] SASC 212 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 McCarty v North Sydney Municipal Council (1918) 18 SR (NSW) 210 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Varley v Varley [2006] NSWSC 1025 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed, 2014, LexisNexis Butterworths) Category: Consequential orders (other than Costs) Parties: First Plaintiff: The Cleaning Doctor NSW Pty Ltd Second Plaintiff: Ali Itawi First Defendant: Jeffrey Alexis Fonseca Second Defendant: Orlando Fonseca Third Defendant: Vilma Fonseca Fourth Defendant: Joselyn Bancs Representation: Counsel: Plaintiffs: Q.A. Rares Defendants: F.P. Carnovale