In the matter of Gondon Five Pty Ltd [2016] NSWSC 1584

EQUITY – equitable remedies – injunctions – where previous orders contained no express carve-out for reasonable legal expenses – significant legal costs incurred at early stage and now additional proceedings brought – general proposition freezing order should not prevent payment of legal costs and expenses reasonably incurred – does not mean express carve-out for legal costs required if practical effect of order is not to prevent payment – proposition at strongest where freezing order granted in aid of claim for unsecured debt or damages – previous judgment made clear that carve-out not required – structure of parties involved in proceedings are such that two-thirds of what trustee of trust receives will be available for distribution

Luke Chapman appeared for the defendant