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Executive Summary (One Minute Read)
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| BGC
Australia Pty Ltd v Minspec Pty Ltd (WASC) - freezing orders - orders
ancillary to prospective freezing orders made |
| Summaries With Link (Five Minute Read) |
BGC
Australia Pty Ltd v Minspec Pty Ltd
[2015] WASC 134
Supreme Court of Western
Australia
Mitchell J
Freezing orders - plaintiff
sought orders under O52A r3 Rules of the Supreme
Court 1971 (WA) requiring defendants and third defendant’s wife to swear
affidavits providing information about assets
they allegedly controlled - order sought to enable plaintiff to obtain
information relevant to prospective freezing order for which it anticipated it
would apply - confidentiality - held: there was proper basis for apprehending there
might be grounds for making application for freezing orders in future - sufficient
concern to justify ancillary order - Court
also satisfied that prospect of potential claim under s89 Property Law Act 1969 (WA) in relation to property held by wife
sufficient to justify requiring her to swear affidavit - orders ancillary to
prospective freezing orders made - defendants and non-party required to file
affidavits
BGC
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