Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust [2020] NSWSC 535

Supreme Court New South Wales

Medium Neutral Citation: Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust [2020] NSWSC 535 Hearing dates: 4 and 7 May 2020 Date of orders: 11 May 2020 Decision date: 11 May 2020 Jurisdiction: Equity - Duty List Before: Williams J Decision: Order that the plaintiffs' notice of motion filed on 29 April 2020 is dismissed. Catchwords: PRACTICE AND PROCEDURE – freezing orders – where plaintiffs previously obtained ex parte freezing orders against the first and second defendants – where ex parte freezing orders discharged by consent – where plaintiffs subsequently bring fresh application for freezing orders against the first and second defendants – whether subsequent application is an abuse of process – where first and second defendants concede that there is a good arguable case on the pleadings – where there is no evidence that the defendants would deal with their assets in a manner that would frustrate the court's processes – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60, 61 Uniform Civil Procedure Rules 2005 (NSW), rr 14.14, 15.3, 25.11, 25.12, 25.14 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Finn v Carelli [2007] NSWSC 261 Frigo v Culhaci [1998] NSWCA 88 FYD Investments Pty Ltd v Promptair Pty Ltd [2017] FCA 1097 Koonara Management Pty Limited v Rockliff (No. 2) [2019] FCA 808; (2019) 137 ACSR 215 Ninemia Maritime Corporation v Trave Schiffahrtsgesellschaft mbH & Co KG 'The Niedersachsen' [1983] 1 WLR 1412; [1984] 1 All ER 398 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Samimi v Seyedabadi [2013] NSWCA 279 Category: Procedural and other rulings Parties: Yan Zhao (First Plaintiff) Justiva Holdings Pty Ltd AFT Justiva Family Trust ABN 24 981 998 776 (Second Plaintiff) Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust (First Defendant) Rajesh Nellore (Second Defendant) Representation: Counsel: Mr G W McGrath SC (Plaintiffs) Mr S Gray (First Defendant) Mr P Strickland SC (Second Defendant)