FEDERAL COURT OF AUSTRALIA
Kazar (liquidator) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 2) [2024] FCA 735
Table of Corrections | |
9 July 2024 | On the cover page the date of hearing changed to "3 July 2024" |
ORDERS
DATE OF ORDER: |
THE COURT NOTES THAT:
1. The plaintiffs have filed an interlocutory application pursuant to which they seek orders under s 1323(1) of the Corporations Act 2001 (Cth) (s 1323(1) application). The s 1323(1) application is supported by an affidavit of Ms Madeleine Ness affirmed 18 June 2024.
THE COURT ORDERS THAT:
1. A freezing order be made against the first defendant in the form set out in Schedule 1 to these orders, such orders to have effect pending the determination of the s 1323(1) application.
2. A freezing order be made against the second defendant in the form set out in Schedule 2 to these orders, such orders to have effect pending the determination of the s 1323(1) application.
3. A freezing order be made against the first defendant as trustee of the SUPER BULLEARISH FUND (ABN 69 013 060 963) in the form set out in Schedule 3 to these orders, such orders to have effect pending the determination of the s 1323(1) application.
4. A freezing order be made against the second defendant as trustee of the SUPER BULLEARISH FUND (ABN 69 013 060 963) in the form set out in Schedule 4 to these orders, such orders to have effect pending the determination of the s 1323(1) application.
5. The plaintiffs have leave to give to:
(a) the relevant authorities that record, control and regulate the ownership of real property;
(b) any bank, building society or other financial institution with which any of the defendants operates any accounts;
(c) any other person or entity holding or controlling property which to the best of the plaintiffs’ belief belong to each or any of the defendants including:
(i) Quest Williamstown North at Salt Water Drive Williamstown Victoria;
(ii) Park Regis Suites at 604 St Kilda Road Melbourne Victoria;
(iii) Quest Docklands at 750 Bourke Street Docklands Victoria;
(iv) Punt Road Apartment Hotel at 111 Punt Road Windsor Victoria;
(v) Melbourne Metropole Central at 44 Brunswick Street Fitzroy Victoria;
(vi) Knox International Hotel and Apartments at 137 Mountain Highway Wantirna Victoria;
(vii) Mantra on Northbourne at 84 Northbourne Avenue Canberra ACT;
(viii) 85 Deakin Street Kangaroo Point Queensland;
(ix) Parc Apartments at 6 Exford Street Brisbane Queensland;
(x) Oaks Sydney North Ryde at 58-62 Delhi Road Macquarie Park NSW;
(xi) Mantra Wollongong at 6-10 Gladstone Avenue Wollongong NSW
notice of these orders by delivering a copy of these orders to a person apparently in the employ of that entity or person.
6. The proceeding, including the s 1323(1) application, be stood over to 24 July 2024 at 10.15am before Justice Goodman.
7. The parties and any third parties affected by the orders have liberty to apply to the Court on the giving of 24 hours’ notice in writing.
8. Costs be reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
SCHEDULE 1
Freezing Order (Made without Notice)
No. ACD 21 of 2024
Federal Court of Australia
District Registry: Australian Capital Territory
Division: General
IN THE MATTER OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION)
ACN 158 636 750
HENRY JOSEPH KAZAR IN HIS CAPACITY AS THE LIQUIDATOR OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
First Plaintiff
PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
Second Plaintiff
KALPESH VASANT DOSHI
First Defendant
LUCY TING
Second Defendant
KALPESH VASANT DOSHI AND LUCY TING IN THEIR CAPACITY AS TRUSTEES OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
Third Defendant
PENAL NOTICE
TO: KALPESH VASANT DOSHI
IF YOU(BEING THE PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: KALPESH VASANT DOSHI
This is a 'freezing order' made against you on 8 July 2024 by Justice Goodman following a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavit listed in Schedule B to this order.
THE COURT ORDERS:
INTRODUCTION
1.
(a) The application for this order is made returnable immediately.
(b) That service of this application on the defendants be waived and the interim application be heard on an ex parte basis.
(c) That personal service of the application and affidavit of Madeleine Ness be dispensed with pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth).
(d) That service of this application and affidavit of Madeleine Ness affirmed 18 June 2024 and a copy of these orders (the Documents) be served on each of the defendants in the following manner:
(i) delivering a copy of the Documents to Chamberlains law firm at 224 Bunda Street, CANBERRA ACT 2601;
(ii) emailing a copy of the Documents to neil.bookseller@chamberlains.com.au; and
(iii) emailing a copy of the Documents to kaldoshi0@gmail.com.
(e) That service of the Documents on each defendant shall be deemed to have occurred at the end of three (3) business days after compliance with order 1(d) above.
2. This order has effect pending the determination of the s 1323(1) application. The proceeding is listed for before Justice Goodman at 10:15 am on 24 July 2024 (the Return Date). On the Return Date at 10:15AM there will be a further hearing in respect of this order before Justice Goodman.
3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.
4. In this order:
(a) ‘plaintiff’, if there is more than one plaintiff, includes all the plaintiffs;
(b) 'you', where there is more than one of you, includes all of you and includes you if you are a corporation;
(c) 'third party' means a person other than you and the plaintiff; and
(d) 'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.
5.
(a) If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.
(b) If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.
FREEZING OF ASSETS
6.
(a) You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia ('Australian assets') up to the unencumbered value of AUD$5,071,487.52 ('the Relevant Amount').
(b) If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.
(c) If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia (‘ex-Australian assets’):
(i) You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and
(ii) You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.
7. For the purposes of this order:
(a) your assets include:
(i) all your assets, whether or not they are in your name and whether they are solely or co-owned;
(ii) any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and
(iii) the following assets in particular:
A. the properties identified in the Annexure to this Order or, if it or they have been sold, the net proceeds of the sale; and
(b) the value of your assets is the value of the interest you have individually in your assets.
EXCEPTIONS TO THIS ORDER
8. This order does not prohibit you from:
(a) paying up to $2,000 a week on your ordinary living expenses;
(b) paying $5,000 on your reasonable legal expenses;
(c) dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and
(d) in relation to matters not falling within (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the plaintiff, if possible, at least two working days written notice of the particulars of the obligation.
9. You and the plaintiff may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the plaintiff or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the plaintiff and you, and the Court may order that the exceptions are varied accordingly.
10.
(a) This order will cease to have effect if you:
(i) pay the sum of $5,071,487.52 into Court; or
(ii) pay that sum into a joint bank account in the name of your lawyer and the lawyer for the plaintiff as agreed in writing between them; or
(iii) provide security in that sum by a method agreed in writing with the plaintiff to be held subject to the order of the Court.
(b) Any such payment and any such security will not provide the plaintiff with any priority over your other creditors in the event of your insolvency.
(c) If this order ceases to have effect pursuant 10(a) above, you must as soon as practicable file with the Court and serve on the plaintiff notice of that fact.
Costs
11. The costs of this application are reserved.
Persons other than the plaintiff and defendant
12. Set off by banks
This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.
13. Bank withdrawals by the defendant
No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.
14. Persons outside Australia
(a) Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.
(b) The terms of this order will affect the following persons outside Australia:
(i) you and your directors, officers, employees and agents (except banks and financial institutions);
(ii) any person (including a bank or financial institution) who:
A. is subject to the jurisdiction of this Court; and
B. has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and
C. is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and
(iii) any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.
15. Assets located outside Australia
Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the plaintiff.
PROVISION OF INFORMATION
16. Subject to paragraph 17, you must:
(a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;
(b) within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.
17.
(a) This paragraph (17) applies if you are not a corporation and you wish to object to complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that you:
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(b) This paragraph (17) also applies if you are a corporation and all of the persons who are able to comply with paragraph 16 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(c) You must:
(i) disclose so much of the information required to be disclosed to which no objection is taken; and
(ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and
(iii) file and serve on each other party a separate affidavit setting out the basis of the objection.
SCHEDULE A
Undertakings Given to the Court by the Plaintiffs
1. As soon as practicable, the plaintiffs will file and serve upon the defendants copies of:
(a) this order;
(b) the application for this order for hearing on the return date;
(c) the following material in so far as it was relied on by the plaintiffs at the hearing when the order was made:
i. affidavits (or draft affidavits);
ii. exhibits capable of being copied;
iii. any written submission; and
iv. any other document that was provided to the Court.
(d) a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put, to the Court;
(e) the originating process, or, if none was filed, any draft originating process produced to the Court.
2. As soon as practicable, the plaintiffs will cause anyone notified of this order to be given a copy of it.
3. The plaintiffs will pay the reasonable costs of anyone other than the defendants which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the defendants’ assets.
4. If this order ceases to have effect the plaintiffs will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
5. The plaintiffs will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.
6. The plaintiffs will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the defendants or the defendants’ assets.
SCHEDULE B
Affidavits Relied On:
Name of deponent | Date affidavit made |
Madeleine Louise Ness | 18 June 2024 |
ANNEXURE
Asset List
Item | Owner(s) | State/Territory | Title & Address Details |
QUEENSLAND | |||
1. | Ting | QLD | Title ref: 50186705 Address: Unit 2, 85 Deakin Street KANGAROO POINT QLD 4169 |
2. | Doshi & Ting | QLD | Title ref: 50186758 Address: Unit 55, 85 Deakin Street KANGAROO POINT QLD 4169 |
3. | Doshi | QLD | Title ref: 50186714 Address: Unit 11, 85 Deakin Street KANGAROO POINT QLD 4169 |
4. | Doshi | QLD | Title ref: 50186745 Address: Unit 42, 85 Deakin Street KANGAROO POINT QLD 4169 Unit 342, 36 Rotherham Street KANGAROO POINT QLD 4169 |
5. | Doshi | QLD | Title ref: 50630239 Address: Unit 305, 6 Exford Street BRISBANE CITY QLD 4000 |
NEW SOUTH WALES | |||
6. | Ting | NSW | Title ref: 50/SP70943 Address: Unit 406, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
7. | Doshi & Ting | NSW | Title ref: 46/SP70943 Address: Unit 339, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
8. | Doshi &Ting | NSW | Title ref: 24/SP70943 Address: Unit 223, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
9. | Doshi & Ting | NSW | Title ref: 52/SP70943 Address: Unit 409, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
10. | Doshi & Ting | NSW | Title ref: 83/SP70943 Address: Unit 539, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
11. | Doshi & Ting | NSW | Title ref: 35/SP80575 Address: Unit 35, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 |
12. | Doshi & Ting | NSW | Title ref: 36/SP80575 Address: Unit 36, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 |
13. | Doshi | NSW | Title ref: 14/SP70943 Address: 3G, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
14. | Doshi | NSW | Title ref: 39/SP70943 Address: 327, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
VICTORIA | |||
15. | Ting | VIC | Title ref: Lot 837 of Plan LP213014S Address: 290 Morris Road HOPPERS CROSSING VIC 3029 |
16. | Doshi & Ting | VIC | Title ref: Lot 58 of Plan PS426080A Address: 78 Saltwater Drive WILLIAMSTOWN VIC 3016 |
17. | Doshi & Ting | VIC | Title ref: Lot 307 of Plan PS414649K Address: 37/604 St Kilda Road MELBOURNE VIC 3004 |
18. | Doshi & Ting | VIC | Title ref: Lot B36 of Plan PS414649K Address: 36B/604 St Kilda Road MELBOURNE VIC 3004 |
19. | Doshi & Ting | VIC | Title ref: Lot 103 of Plan PS414649K Address: 13/604 St Kilda Road MELBOURNE VIC 3004 |
20. | Doshi & Ting | VIC | Title ref: Lot B18 of Plan PS414649K Address: 18B/604 St Kilda Road MELBOURNE VIC 3004 |
21. | Doshi & Ting | VIC | Title ref: Lot 306 of Plan PS414649K Address: 36/604 St Kilda Road MELBOURNE VIC 3004 |
22. | Doshi & Ting | VIC | Title ref: Lot B33 of Plan PS414649K Address: 33B/604 St Kilda Road MELBOURNE VIC 3004 |
23. | Doshi & Ting | VIC | Title ref: Lot 820 of Plan PS431573V Address: 820/250 Elizabeth Street MELBOURNE VIC 3000 |
24. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS414649K Address: 17/604 St Kilda Road MELBOURNE VIC 3004 |
25. | Doshi & Ting | VIC | Title ref: Lot B22 of Plan PS414649K Address: 22B/604 St Kilda Road MELBOURNE VIC 3004 |
26. | Doshi & Ting | VIC | Title ref: Lot 620S of Plan PS509916K Address: 620/750 Bourke Street DOCKLANDS VIC 3008 |
27. | Doshi & Ting | VIC | Title ref: Lot 614 of Plan PS431573V Address: 614/250 Elizabeth Street MELBOURNE VIC 3000 |
28. | Ting | VIC | Title ref: Lot 705S of Plan PS509916K Address: 705/750 Bourke Street DOCKLANDS VIC 3008 |
29. | Ting | VIC | Title ref: Lot 36 of Plan PS426080A Address: 34 Saltwater Drive WILLIAMSTOWN VIC 3016 |
30. | Ting | VIC | Title ref: Lot 613S of Plan PS509916K Address: 613/750 Bourke Street DOCKLANDS VIC 3008 |
31. | Ting | VIC | Title ref: Lot 25 of Plan PS301607H Address: 25/474 Flinders Street MELBOURNE VIC 3000 |
32. | Ting | VIC | Title ref: Lot 32 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 |
33. | Ting | VIC | Title ref: Lot 82 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 |
34. | Doshi & Ting | VIC | Title ref: Lot 203 of Plan PS544581R Address: 203/337 Stud Road WANTIRNA SOUTH VIC 3152 |
35. | Doshi & Ting | VIC | Title ref: Lot 209 of Plan PS414649K Address: 29/604 St Kilda Road MELBOURNE VIC 3004 |
36. | Doshi & Ting | VIC | Title ref: Lot B27 of Plan PS414649K Address: 27B/604 St Kilda Road MELBOURNE VIC 3004 |
37. | Ting | VIC | Title ref: Lot 118 of Plan PS432870J Address: 118/5-9 Studley Park Road KEW VIC 3101 |
38. | Ting | VIC | Title ref: Lot 605S of Plan PS509916K Address: 605/750 Bourke Street DOCKLANDS VIC 3008 |
39. | Ting | VIC | Title ref: Lot 43 of Plan PS402671K Address: 43/47 Lonsdale Street MELBOURNE VIC 3000 |
40. | Ting | VIC | Title ref: Lot 1111 of Plan PS619599F Address: 1111/135 City Road SOUTHBANK VIC 3006 |
41. | Ting | VIC | Title ref: Lot 22 of Plan SP37783D Address: 22/487 Flinders Lane MELBOURNE VIC 3000 |
42. | Ting | VIC | Title ref: Lot 409 of Plan PS332181R Address: 409/267 Flinders Lane MELBOURNE VIC 3000 |
43. | Ting | VIC | Title ref: Lot 1307 of Plan PS619599F Address: 1307/135 City Road SOUTHBANK VIC 3006 |
44. | Ting | VIC | Title ref: Lot 207 of Plan PS544581R Address: 207/337 Stud Road WANTIRNA SOUTH VIC 3152 |
45. | Ting | VIC | Title ref: Lot 118 of Plan PS608165D Address: 118/353 Springvale Road GLEN WAVERLEY VIC 3150 |
46. | Ting | VIC | Title ref: Lot 111 of Plan PS432870J Address: 111/5-9 Studley Park Road KEW VIC 3101 |
47. | Doshi & Ting | VIC | Title ref: Lot B38 on Plan PS414649K Address: 38B/604 St Kilda Road MELBOURNE VIC 3004 |
48. | Doshi & Ting | VIC | Title ref: Lot 404 on Plan PS414649K Address: 44/604 St Kilda Road MELBOURNE VIC 3004 |
49. | Doshi & Ting | VIC | Title ref: Lot 23 of Plan PS432634W Address: 23/137 Mountain Highway WANTIRNA VIC 3152 |
50. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS427416M Address: 107/11-17 Cohen Place MELBOURNE VIC 3000 |
51. | Doshi | VIC | Title ref: Lot 508S of Plan PS509916K Address: 508/750 Bourke Street DOCKLANDS VIC 3008 |
52. | Doshi | VIC | Title ref: Lot 808S of Plan PS509916K Address: 808/750 Bourke Street DOCKLANDS VIC 3008 |
53. | Doshi | VIC | Title ref: Lot 509S of Plan PS509916K Address: 509/750 Bourke Street DOCKLANDS VIC 3008 |
54. | Doshi | VIC | Title ref: Lot 106 of Plan PS414649K Address: 16/604 St Kilda Road MELBOURNE VIC 3004 |
55. | Doshi | VIC | Title ref: Lot B21 of Plan PS414649K Address: 21B/604 St Kilda Road MELBOURNE VIC 3004 |
56. | Doshi | VIC | Title ref: Lot 619S of Plan PS509916K Address: 619/750 Bourke Street DOCKLANDS VIC 3008 |
57. | Doshi | VIC | Title ref: Lot 403 of Plan PS431573V Address: 403/250 Elizabeth Street MELBOURNE VIC 3000 |
58. | Doshi | VIC | Title ref: Lot 812S of Plan PS509916K Address: 812/750 Bourke Street DOCKLANDS VIC 3008 |
59. | Doshi | VIC | Title ref: Lot 607 of Plan PS428294T Address: 608/118 Russell Street MELBOURNE VIC 3000 |
60. | Doshi | VIC | Title ref: Lot 34 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 |
61. | Doshi | VIC | Title ref: Lot 84 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 |
62. | Doshi | VIC | Title ref: Lot 22 of Plan PS418433N Address: Brunswick Street FITZROY VIC 3065 |
63. | Doshi | VIC | Title ref: Lot 218 of Plan PS418433N Address: 218/44 Brunswick Street FITZROY VIC 3065 |
64. | Doshi | VIC | Title ref: Lot 1111 of Plan PS414694E Address: 1111/133 33 City Road SOUTHBANK VIC 3006 |
65. | Doshi | VIC | Title ref: Lot 45 of Plan PS432634W Address: 45/137 Mountain Highway WANTIRNA VIC 3152 |
66. | Doshi | VIC | Title ref: Lot 603 of Plan PS418979Q Address: 603/155 Bourke Street MELBOURNE VIC 3000 |
67. | Doshi | VIC | Title ref: Lot 409 of Plan PS414649K Address: 49/604 St Kilda Road MELBOURNE VIC 3004 |
68. | Doshi | VIC | Title ref: Lot 202 of Plan PS414649K Address: 22/604 St Kilda Road MELBOURNE VIC 3004 |
69. | Doshi | VIC | Title ref: Lot B28 of Plan PS414649K Address: 28B/604 St Kilda Road MELBOURNE VIC 3004 |
70. | Doshi | VIC | Title ref: Lot 409 of Plan PS612466P Address: 409/157 Lonsdale Street DANDENONG VIC 3175 |
71. | Doshi | VIC | Title ref: Lot P4 of Plan PS612466P Address: Lonsdale Street DANDENONG VIC 3175 |
72. | Doshi | VIC | Title ref: Lot 36 of Plan PS620242S Address: 36/66 Julia Street PORTLAND VIC 3305 |
73. | Doshi | VIC | Title ref: Lot 37 of Plan PS620242S Address: 37/66 Julia Street PORTLAND VIC 3305 |
74. | Doshi | VIC | Title ref: Lot 504 of Plan PS502321G Address: 504/8 Dorcas Street SOUTHBANK VIC 3006 |
WESTERN AUSTRALIA | |||
75. | Ting | WA | Title ref: 02035/00730 Address: Apartment 30, 451 Murray Street PERTH WA 6000 |
76. | Doshi | WA | Title ref: 02596/00881 Address: Unit 505, 18 Rheola Street WEST PERTH WA 6005 |
AUSTRALIAN CAPITAL TERRITORY | |||
77. | Doshi | ACT | Title ref: Unit 62, Block 16, Section 19 Division Braddon Address: Unit 62, 84 Northbourne Avenue BRADDON ACT 2612 |
78. | Doshi & Ting | ACT | Title ref: Unit 48, Block 16, Section 19, Division Braddon Address: Unit 48, 84 Northbourne Avenue BRADDON ACT 2612 |
79. | Doshi & Ting | ACT | Title ref: Unit 7, Block 16, Section 19, Division Braddon Address: Unit 7, 84 Northbourne Avenue BRADDON ACT 2612 |
80. | Doshi & Ting | ACT | Title ref: Unit 70, Block 16, Section 19, Division Braddon Address: Unit 70, 84 Northbourne Avenue BRADDON ACT 2612 |
81. | Doshi & Ting | ACT | Title ref: Unit 10, Block 16, Section 19, Division Braddon Address: Unit 10, 84 Northbourne Avenue BRADDON ACT 2612 |
82. | Doshi & Ting | ACT | Title ref: Unit 57, Block 16, Section 19, Division Braddon Address: Unit 57, 84 Northbourne Avenue BRADDON ACT 2612 |
83. | Doshi & Ting | ACT | Title ref: Unit 61, Block 16, Section 19, Division Braddon Address: Unit 61, 84 Northbourne Avenue BRADDON ACT 2612 |
84. | Doshi & Ting | ACT | Title ref: Unit 67, Block 16, Section 19, Division Braddon Address: Unit 67, 84 Northbourne Avenue BRADDON ACT 2612 |
85. | Doshi & Ting | ACT | Title ref: Block 18, Section 67, Division Nicholls Address: 21 Whatmore Court NICHOLLS ACT 2913 |
SCHEDULE 2
Freezing Order (Made without Notice)
No. ACD 21 of 2024
Federal Court of Australia
District Registry: Australian Capital Territory
Division: General
IN THE MATTER OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION)
ACN 158 636 750
HENRY JOSEPH KAZAR IN HIS CAPACITY AS THE LIQUIDATOR OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
First Plaintiff
PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
Second Plaintiff
KALPESH VASANT DOSHI
First Defendant
LUCY TING
Second Defendant
KALPESH VASANT DOSHI AND LUCY TING IN THEIR CAPACITY AS TRUSTEES OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
Third Defendant
PENAL NOTICE
TO: LUCY TING
IF YOU (BEING THE PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: LUCY TING
This is a 'freezing order' made against you on 8 July 2024 by Justice Goodman following a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavit listed in Schedule B to this order.
THE COURT ORDERS:
INTRODUCTION
1.
(a) The application for this order is made returnable immediately.
(b) That service of this application on the defendants be waived and the interim application be heard on an ex parte basis.
(c) That personal service of the application and affidavit of Madeleine Ness be dispensed with pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth).
(d) That service of this application and affidavit of Madeleine Ness affirmed 18 June 2024 and a copy of these orders (the Documents) be served on each of the defendants in the following manner:
(i) delivering a copy of the Documents to Chamberlains law firm at 224 Bunda Street, CANBERRA ACT 2601;
(ii) emailing a copy of the Documents to neil.bookseller@chamberlains.com.au; and
(iii) emailing a copy of the Documents to kaldoshi0@gmail.com.
(e) That service of the Documents on each defendant shall be deemed to have occurred at the end of three (3) business days after compliance with order 1(d) above.
2. This order has effect pending the determination of the s 1323(1) application. The proceeding is listed for before Justice Goodman at 10:15 am on 24 July 2024 (the Return Date). On the Return Date at 10:15AM there will be a further hearing in respect of this order before Justice Goodman.
3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.
4. In this order:
(a) ‘plaintiff’, if there is more than one plaintiff, includes all the plaintiffs;
(b) 'you', where there is more than one of you, includes all of you and includes you if you are a corporation;
(c) 'third party' means a person other than you and the plaintiff; and
(d) 'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.
5.
(a) If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.
(b) If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.
FREEZING OF ASSETS
6.
(a) You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia ('Australian assets') up to the unencumbered value of AUD$5,071,487.52 ('the Relevant Amount').
(b) If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.
(c) If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia (‘ex-Australian assets’):
i. You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and
ii. You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.
7. For the purposes of this order:
(a) your assets include:
i. all your assets, whether or not they are in your name and whether they are solely or co-owned;
ii. any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and
iii. the following assets in particular:
A. the properties identified in the Annexure to this Order or, if it or they have been sold, the net proceeds of the sale; and
(b) the value of your assets is the value of the interest you have individually in your assets.
EXCEPTIONS TO THIS ORDER
8. This order does not prohibit you from:
(a) paying up to $2,000 a week on your ordinary living expenses;
(b) paying $5,000 on your reasonable legal expenses;
(c) dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and
(d) in relation to matters not falling within (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the plaintiff, if possible, at least two working days written notice of the particulars of the obligation.
9. You and the plaintiff may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the plaintiff or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the plaintiff and you, and the Court may order that the exceptions are varied accordingly.
10.
(a) This order will cease to have effect if you:
i. pay the sum of $5,071,487.52 into Court; or
ii. pay that sum into a joint bank account in the name of your lawyer and the lawyer for the plaintiff as agreed in writing between them; or
iii. provide security in that sum by a method agreed in writing with the plaintiff to be held subject to the order of the Court.
(b) Any such payment and any such security will not provide the plaintiff with any priority over your other creditors in the event of your insolvency.
(c) If this order ceases to have effect pursuant 10(a) above, you must as soon as practicable file with the Court and serve on the plaintiff notice of that fact.
Costs
11. The costs of this application are reserved.
Persons other than the plaintiff and defendant
12. Set off by banks
This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.
13. Bank withdrawals by the defendant
No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.
14. Persons outside Australia
(a) Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.
(b) The terms of this order will affect the following persons outside Australia:
i. you and your directors, officers, employees and agents (except banks and financial institutions);
ii. any person (including a bank or financial institution) who:
A. is subject to the jurisdiction of this Court; and
B. has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and
C. is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and
iii. any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.
15. Assets located outside Australia
Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the plaintiff.
PROVISION OF INFORMATION
16. Subject to paragraph 17, you must:
(a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;
(b) within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.
17.
(a) This paragraph (17) applies if you are not a corporation and you wish to object to complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that you:
i. have committed an offence against or arising under an Australian law or a law of a foreign country; or
ii. are liable to a civil penalty.
(b) This paragraph (17) also applies if you are a corporation and all of the persons who are able to comply with paragraph 16 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:
i. have committed an offence against or arising under an Australian law or a law of a foreign country; or
ii. are liable to a civil penalty.
(c) You must:
i. disclose so much of the information required to be disclosed to which no objection is taken; and
ii. prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and
iii. file and serve on each other party a separate affidavit setting out the basis of the objection.
SCHEDULE A
Undertakings Given to the Court by the Plaintiffs
1. As soon as practicable, the plaintiffs will file and serve upon the defendants copies of:
(a) this order;
(b) the application for this order for hearing on the return date;
(c) the following material in so far as it was relied on by the plaintiffs at the hearing when the order was made:
i. affidavits (or draft affidavits);
ii. exhibits capable of being copied;
iii. any written submission; and
iv. any other document that was provided to the Court.
(d) a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put, to the Court;
(e) the originating process, or, if none was filed, any draft originating process produced to the Court.
2. As soon as practicable, the plaintiffs will cause anyone notified of this order to be given a copy of it.
3. The plaintiffs will pay the reasonable costs of anyone other than the defendants which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the defendants’ assets.
4. If this order ceases to have effect the plaintiffs will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
5. The plaintiffs will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.
6. The plaintiffs will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the defendants or the defendants’ assets.
SCHEDULE B
Affidavits Relied On:
Name of deponent | Date affidavit made |
Madeleine Louise Ness | 18 June 2024 |
ANNEXURE
Asset List
Item | Owner(s) | State/Territory | Title & Address Details | |||
QUEENSLAND | ||||||
1. | Ting | QLD | Title ref: 50186705 Address: Unit 2, 85 Deakin Street KANGAROO POINT QLD 4169 | |||
2. | Doshi & Ting | QLD | Title ref: 50186758 Address: Unit 55, 85 Deakin Street KANGAROO POINT QLD 4169 | |||
3. | Doshi | QLD | Title ref: 50186714 Address: Unit 11, 85 Deakin Street KANGAROO POINT QLD 4169 | |||
4. | Doshi | QLD | Title ref: 50186745 Address: Unit 42, 85 Deakin Street KANGAROO POINT QLD 4169 Unit 342, 36 Rotherham Street KANGAROO POINT QLD 4169 | |||
5. | Doshi | QLD | Title ref: 50630239 Address: Unit 305, 6 Exford Street BRISBANE CITY QLD 4000 | |||
NEW SOUTH WALES | ||||||
6. | Ting | NSW | Title ref: 50/SP70943 Address: Unit 406, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | |||
7. | Doshi & Ting | NSW | Title ref: 46/SP70943 Address: Unit 339, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | |||
8. | Doshi &Ting | NSW | Title ref: 24/SP70943 Address: Unit 223, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | |||
9. | Doshi & Ting | NSW | Title ref: 52/SP70943 Address: Unit 409, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
10. | Doshi & Ting | NSW | Title ref: 83/SP70943 Address: Unit 539, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
11. | Doshi & Ting | NSW | Title ref: 35/SP80575 Address: Unit 35, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 |
12. | Doshi & Ting | NSW | Title ref: 36/SP80575 Address: Unit 36, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 |
13. | Doshi | NSW | Title ref: 14/SP70943 Address: 3G, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
14. | Doshi | NSW | Title ref: 39/SP70943 Address: 327, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 |
VICTORIA | |||
15. | Ting | VIC | Title ref: Lot 837 of Plan LP213014S Address: 290 Morris Road HOPPERS CROSSING VIC 3029 |
16. | Doshi & Ting | VIC | Title ref: Lot 58 of Plan PS426080A Address: 78 Saltwater Drive WILLIAMSTOWN VIC 3016 |
17. | Doshi & Ting | VIC | Title ref: Lot 307 of Plan PS414649K Address: 37/604 St Kilda Road MELBOURNE VIC 3004 |
18. | Doshi & Ting | VIC | Title ref: Lot B36 of Plan PS414649K Address: 36B/604 St Kilda Road MELBOURNE VIC 3004 |
19. | Doshi & Ting | VIC | Title ref: Lot 103 of Plan PS414649K Address: 13/604 St Kilda Road MELBOURNE VIC 3004 |
20. | Doshi & Ting | VIC | Title ref: Lot B18 of Plan PS414649K Address: 18B/604 St Kilda Road MELBOURNE VIC 3004 |
21. | Doshi & Ting | VIC | Title ref: Lot 306 of Plan PS414649K Address: 36/604 St Kilda Road MELBOURNE VIC 3004 |
22. | Doshi & Ting | VIC | Title ref: Lot B33 of Plan PS414649K Address: 33B/604 St Kilda Road MELBOURNE VIC 3004 |
23. | Doshi & Ting | VIC | Title ref: Lot 820 of Plan PS431573V Address: 820/250 Elizabeth Street MELBOURNE VIC 3000 |
24. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS414649K Address: 17/604 St Kilda Road MELBOURNE VIC 3004 |
25. | Doshi & Ting | VIC | Title ref: Lot B22 of Plan PS414649K Address: 22B/604 St Kilda Road MELBOURNE VIC 3004 |
26. | Doshi & Ting | VIC | Title ref: Lot 620S of Plan PS509916K Address: 620/750 Bourke Street DOCKLANDS VIC 3008 |
27. | Doshi & Ting | VIC | Title ref: Lot 614 of Plan PS431573V Address: 614/250 Elizabeth Street MELBOURNE VIC 3000 |
28. | Ting | VIC | Title ref: Lot 705S of Plan PS509916K Address: 705/750 Bourke Street DOCKLANDS VIC 3008 |
29. | Ting | VIC | Title ref: Lot 36 of Plan PS426080A Address: 34 Saltwater Drive WILLIAMSTOWN VIC 3016 |
30. | Ting | VIC | Title ref: Lot 613S of Plan PS509916K Address: 613/750 Bourke Street DOCKLANDS VIC 3008 |
31. | Ting | VIC | Title ref: Lot 25 of Plan PS301607H Address: 25/474 Flinders Street MELBOURNE VIC 3000 |
32. | Ting | VIC | Title ref: Lot 32 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 |
33. | Ting | VIC | Title ref: Lot 82 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 |
34. | Doshi & Ting | VIC | Title ref: Lot 203 of Plan PS544581R Address: 203/337 Stud Road WANTIRNA SOUTH VIC 3152 |
35. | Doshi & Ting | VIC | Title ref: Lot 209 of Plan PS414649K Address: 29/604 St Kilda Road MELBOURNE VIC 3004 |
36. | Doshi & Ting | VIC | Title ref: Lot B27 of Plan PS414649K Address: 27B/604 St Kilda Road MELBOURNE VIC 3004 |
37. | Ting | VIC | Title ref: Lot 118 of Plan PS432870J Address: 118/5-9 Studley Park Road KEW VIC 3101 |
38. | Ting | VIC | Title ref: Lot 605S of Plan PS509916K Address: 605/750 Bourke Street DOCKLANDS VIC 3008 |
39. | Ting | VIC | Title ref: Lot 43 of Plan PS402671K Address: 43/47 Lonsdale Street MELBOURNE VIC 3000 |
40. | Ting | VIC | Title ref: Lot 1111 of Plan PS619599F Address: 1111/135 City Road SOUTHBANK VIC 3006 |
41. | Ting | VIC | Title ref: Lot 22 of Plan SP37783D Address: 22/487 Flinders Lane MELBOURNE VIC 3000 |
42. | Ting | VIC | Title ref: Lot 409 of Plan PS332181R Address: 409/267 Flinders Lane MELBOURNE VIC 3000 |
43. | Ting | VIC | Title ref: Lot 1307 of Plan PS619599F Address: 1307/135 City Road SOUTHBANK VIC 3006 |
44. | Ting | VIC | Title ref: Lot 207 of Plan PS544581R Address: 207/337 Stud Road WANTIRNA SOUTH VIC 3152 |
45. | Ting | VIC | Title ref: Lot 118 of Plan PS608165D Address: 118/353 Springvale Road GLEN WAVERLEY VIC 3150 |
46. | Ting | VIC | Title ref: Lot 111 of Plan PS432870J Address: 111/5-9 Studley Park Road KEW VIC 3101 |
47. | Doshi & Ting | VIC | Title ref: Lot B38 on Plan PS414649K Address: 38B/604 St Kilda Road MELBOURNE VIC 3004 |
48. | Doshi & Ting | VIC | Title ref: Lot 404 on Plan PS414649K Address: 44/604 St Kilda Road MELBOURNE VIC 3004 |
49. | Doshi & Ting | VIC | Title ref: Lot 23 of Plan PS432634W Address: 23/137 Mountain Highway WANTIRNA VIC 3152 |
50. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS427416M Address: 107/11-17 Cohen Place MELBOURNE VIC 3000 |
51. | Doshi | VIC | Title ref: Lot 508S of Plan PS509916K Address: 508/750 Bourke Street DOCKLANDS VIC 3008 |
52. | Doshi | VIC | Title ref: Lot 808S of Plan PS509916K Address: 808/750 Bourke Street DOCKLANDS VIC 3008 |
53. | Doshi | VIC | Title ref: Lot 509S of Plan PS509916K Address: 509/750 Bourke Street DOCKLANDS VIC 3008 |
54. | Doshi | VIC | Title ref: Lot 106 of Plan PS414649K Address: 16/604 St Kilda Road MELBOURNE VIC 3004 |
55. | Doshi | VIC | Title ref: Lot B21 of Plan PS414649K Address: 21B/604 St Kilda Road MELBOURNE VIC 3004 |
56. | Doshi | VIC | Title ref: Lot 619S of Plan PS509916K Address: 619/750 Bourke Street DOCKLANDS VIC 3008 |
57. | Doshi | VIC | Title ref: Lot 403 of Plan PS431573V Address: 403/250 Elizabeth Street MELBOURNE VIC 3000 |
58. | Doshi | VIC | Title ref: Lot 812S of Plan PS509916K Address: 812/750 Bourke Street DOCKLANDS VIC 3008 |
59. | Doshi | VIC | Title ref: Lot 607 of Plan PS428294T Address: 608/118 Russell Street MELBOURNE VIC 3000 |
60. | Doshi | VIC | Title ref: Lot 34 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 |
61. | Doshi | VIC | Title ref: Lot 84 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 |
62. | Doshi | VIC | Title ref: Lot 22 of Plan PS418433N Address: Brunswick Street FITZROY VIC 3065 |
63. | Doshi | VIC | Title ref: Lot 218 of Plan PS418433N Address: 218/44 Brunswick Street FITZROY VIC 3065 |
64. | Doshi | VIC | Title ref: Lot 1111 of Plan PS414694E Address: 1111/133 33 City Road SOUTHBANK VIC 3006 |
65. | Doshi | VIC | Title ref: Lot 45 of Plan PS432634W Address: 45/137 Mountain Highway WANTIRNA VIC 3152 |
66. | Doshi | VIC | Title ref: Lot 603 of Plan PS418979Q Address: 603/155 Bourke Street MELBOURNE VIC 3000 |
67. | Doshi | VIC | Title ref: Lot 409 of Plan PS414649K Address: 49/604 St Kilda Road MELBOURNE VIC 3004 |
68. | Doshi | VIC | Title ref: Lot 202 of Plan PS414649K Address: 22/604 St Kilda Road MELBOURNE VIC 3004 |
69. | Doshi | VIC | Title ref: Lot B28 of Plan PS414649K Address: 28B/604 St Kilda Road MELBOURNE VIC 3004 |
70. | Doshi | VIC | Title ref: Lot 409 of Plan PS612466P Address: 409/157 Lonsdale Street DANDENONG VIC 3175 |
71. | Doshi | VIC | Title ref: Lot P4 of Plan PS612466P Address: Lonsdale Street DANDENONG VIC 3175 |
72. | Doshi | VIC | Title ref: Lot 36 of Plan PS620242S Address: 36/66 Julia Street PORTLAND VIC 3305 |
73. | Doshi | VIC | Title ref: Lot 37 of Plan PS620242S Address: 37/66 Julia Street PORTLAND VIC 3305 |
74. | Doshi | VIC | Title ref: Lot 504 of Plan PS502321G Address: 504/8 Dorcas Street SOUTHBANK VIC 3006 |
WESTERN AUSTRALIA | |||
75. | Ting | WA | Title ref: 02035/00730 Address: Apartment 30, 451 Murray Street PERTH WA 6000 |
76. | Doshi | WA | Title ref: 02596/00881 Address: Unit 505, 18 Rheola Street WEST PERTH WA 6005 |
AUSTRALIAN CAPITAL TERRITORY | |||
77. | Doshi | ACT | Title ref: Unit 62, Block 16, Section 19 Division Braddon Address: Unit 62, 84 Northbourne Avenue BRADDON ACT 2612 |
78. | Doshi & Ting | ACT | Title ref: Unit 48, Block 16, Section 19, Division Braddon Address: Unit 48, 84 Northbourne Avenue BRADDON ACT 2612 |
79. | Doshi & Ting | ACT | Title ref: Unit 7, Block 16, Section 19, Division Braddon Address: Unit 7, 84 Northbourne Avenue BRADDON ACT 2612 |
80. | Doshi & Ting | ACT | Title ref: Unit 70, Block 16, Section 19, Division Braddon Address: Unit 70, 84 Northbourne Avenue BRADDON ACT 2612 |
81. | Doshi & Ting | ACT | Title ref: Unit 10, Block 16, Section 19, Division Braddon Address: Unit 10, 84 Northbourne Avenue BRADDON ACT 2612 |
82. | Doshi & Ting | ACT | Title ref: Unit 57, Block 16, Section 19, Division Braddon Address: Unit 57, 84 Northbourne Avenue BRADDON ACT 2612 |
83. | Doshi & Ting | ACT | Title ref: Unit 61, Block 16, Section 19, Division Braddon Address: Unit 61, 84 Northbourne Avenue BRADDON ACT 2612 |
84. | Doshi & Ting | ACT | Title ref: Unit 67, Block 16, Section 19, Division Braddon Address: Unit 67, 84 Northbourne Avenue BRADDON ACT 2612 |
85. | Doshi & Ting | ACT | Title ref: Block 18, Section 67, Division Nicholls Address: 21 Whatmore Court NICHOLLS ACT 2913 |
SCHEDULE 3
Freezing Order (Made without Notice)
No. ACD 21 of 2024
Federal Court of Australia
District Registry: Australian Capital Territory
Division: General
IN THE MATTER OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION)
ACN 158 636 750
HENRY JOSEPH KAZAR IN HIS CAPACITY AS THE LIQUIDATOR OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
First Plaintiff
PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
Second Plaintiff
KALPESH VASANT DOSHI
First Defendant
LUCY TING
Second Defendant
KALPESH VASANT DOSHI AND LUCY TING IN THEIR CAPACITY AS TRUSTEES OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
Third Defendant
PENAL NOTICE
TO: KALPESH VASANT DOSHI IN HIS CAPACITY AS TRUSTEE OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
IF YOU (BEING THE PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: KALPESH VASANT DOSHI IN HIS CAPACITY AS TRUSTEE OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
This is a 'freezing order' made against you on 8 July 2024 by Justice Goodman following a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavit listed in Schedule B to this order.
THE COURT ORDERS:
INTRODUCTION
1.
(a) The application for this order is made returnable immediately.
(b) That service of this application on the defendants be waived and the interim application be heard on an ex parte basis.
(c) That personal service of the application and affidavit of Madeleine Ness be dispensed with pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth).
(d) That service of this application and affidavit of Madeleine Ness affirmed 18 June 2024 and a copy of these orders (the Documents) be served on each of the defendants in the following manner:
(i) delivering a copy of the Documents to Chamberlains law firm at 224 Bunda Street, CANBERRA ACT 2601;
(ii) emailing a copy of the Documents to neil.bookseller@chamberlains.com.au; and
(iii) emailing a copy of the Documents to kaldoshi0@gmail.com.
(e) That service of the Documents on each defendant shall be deemed to have occurred at the end of three (3) business days after compliance with order 1(d) above.
2. This order has effect pending the determination of the s 1323(1) application. The proceeding is listed for before Justice Goodman at 10:15 am on 24 July 2024 (the Return Date). On the Return Date at 10:15AM there will be a further hearing in respect of this order before Justice Goodman.
3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.
4. In this order:
(a) ‘plaintiff’, if there is more than one plaintiff, includes all the plaintiffs;
(b) 'you', where there is more than one of you, includes all of you and includes you if you are a corporation;
(c) 'third party' means a person other than you and the plaintiff; and
(d) 'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.
5.
(a) If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.
(b) If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.
FREEZING OF ASSETS
6.
(a) You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia ('Australian assets') up to the unencumbered value of AUD$5,071,487.52 ('the Relevant Amount').
(b) If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.
(c) If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia (‘ex-Australian assets’):
(i) You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and
(ii) You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.
7. For the purposes of this order:
(a) your assets include:
(i) all your assets, whether or not they are in your name and whether they are solely or co-owned;
(ii) any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and
(iii) the following assets in particular:
A. the properties identified in the Annexure to this Order or, if it or they have been sold, the net proceeds of the sale; and
(b) the value of your assets is the value of the interest you have individually in your assets.
EXCEPTIONS TO THIS ORDER
8. This order does not prohibit you from:
(a) paying up to $2,000 a week on your ordinary living expenses;
(b) paying $5,000 on your reasonable legal expenses;
(c) dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and
(d) in relation to matters not falling within (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the plaintiff, if possible, at least two working days written notice of the particulars of the obligation.
9. You and the plaintiff may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the plaintiff or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the plaintiff and you, and the Court may order that the exceptions are varied accordingly.
10.
(a) This order will cease to have effect if you:
(i) pay the sum of $5,071,487.52 into Court; or
(ii) pay that sum into a joint bank account in the name of your lawyer and the lawyer for the plaintiff as agreed in writing between them; or
(iii) provide security in that sum by a method agreed in writing with the plaintiff to be held subject to the order of the Court.
(b) Any such payment and any such security will not provide the plaintiff with any priority over your other creditors in the event of your insolvency.
(c) If this order ceases to have effect pursuant 10(a) above, you must as soon as practicable file with the Court and serve on the plaintiff notice of that fact.
Costs
11. The costs of this application are reserved.
Persons other than the plaintiff and defendant
12. Set off by banks
This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.
13. Bank withdrawals by the defendant
No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.
14. Persons outside Australia
(a) Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.
(b) The terms of this order will affect the following persons outside Australia:
(i) you and your directors, officers, employees and agents (except banks and financial institutions);
(ii) any person (including a bank or financial institution) who:
A. is subject to the jurisdiction of this Court; and
B. has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and
C. is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and
(iii) any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.
15. Assets located outside Australia
Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the plaintiff.
PROVISION OF INFORMATION
16. Subject to paragraph 17, you must:
(a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;
(b) within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.
17.
(a) This paragraph (17) applies if you are not a corporation and you wish to object to complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that you:
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(b) This paragraph (17) also applies if you are a corporation and all of the persons who are able to comply with paragraph 16 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(c) You must:
(i) disclose so much of the information required to be disclosed to which no objection is taken; and
(ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and
(iii) file and serve on each other party a separate affidavit setting out the basis of the objection.
SCHEDULE A
Undertakings Given to the Court by the Plaintiffs
1. As soon as practicable, the plaintiffs will file and serve upon the defendants copies of:
(a) this order;
(b) the application for this order for hearing on the return date;
(c) the following material in so far as it was relied on by the plaintiffs at the hearing when the order was made:
i. affidavits (or draft affidavits);
ii. exhibits capable of being copied;
iii. any written submission; and
iv. any other document that was provided to the Court.
(d) a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put, to the Court;
(e) the originating process, or, if none was filed, any draft originating process produced to the Court.
2. As soon as practicable, the plaintiffs will cause anyone notified of this order to be given a copy of it.
3. The plaintiffs will pay the reasonable costs of anyone other than the defendants which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the defendants’ assets.
4. If this order ceases to have effect the plaintiffs will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
5. The plaintiffs will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.
6. The plaintiffs will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the defendants or the defendants’ assets.
SCHEDULE B
Affidavits Relied On:
Name of deponent | Date affidavit made |
Madeleine Louise Ness | 18 June 2024 |
ANNEXURE
Asset List
Item | Owner(s) | State/Territory | Title & Address Details | ||
QUEENSLAND | |||||
1. | Ting | QLD | Title ref: 50186705 Address: Unit 2, 85 Deakin Street KANGAROO POINT QLD 4169 | ||
2. | Doshi & Ting | QLD | Title ref: 50186758 Address: Unit 55, 85 Deakin Street KANGAROO POINT QLD 4169 | ||
3. | Doshi | QLD | Title ref: 50186714 Address: Unit 11, 85 Deakin Street KANGAROO POINT QLD 4169 | ||
4. | Doshi | QLD | Title ref: 50186745 Address: Unit 42, 85 Deakin Street KANGAROO POINT QLD 4169 Unit 342, 36 Rotherham Street KANGAROO POINT QLD 4169 | ||
5. | Doshi | QLD | Title ref: 50630239 Address: Unit 305, 6 Exford Street BRISBANE CITY QLD 4000 | ||
NEW SOUTH WALES | |||||
6. | Ting | NSW | Title ref: 50/SP70943 Address: Unit 406, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
7. | Doshi & Ting | NSW | Title ref: 46/SP70943 Address: Unit 339, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
8. | Doshi &Ting | NSW | Title ref: 24/SP70943 Address: Unit 223, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
9. | Doshi & Ting | NSW | Title ref: 52/SP70943 Address: Unit 409, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
10. | Doshi & Ting | NSW | Title ref: 83/SP70943 Address: Unit 539, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
11. | Doshi & Ting | NSW | Title ref: 35/SP80575 Address: Unit 35, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 | ||
12. | Doshi & Ting | NSW | Title ref: 36/SP80575 Address: Unit 36, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 | ||
13. | Doshi | NSW | Title ref: 14/SP70943 Address: 3G, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
14. | Doshi | NSW | Title ref: 39/SP70943 Address: 327, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
VICTORIA | |||||
15. | Ting | VIC | Title ref: Lot 837 of Plan LP213014S Address: 290 Morris Road HOPPERS CROSSING VIC 3029 | ||
16. | Doshi & Ting | VIC | Title ref: Lot 58 of Plan PS426080A Address: 78 Saltwater Drive WILLIAMSTOWN VIC 3016 | ||
17. | Doshi & Ting | VIC | Title ref: Lot 307 of Plan PS414649K Address: 37/604 St Kilda Road MELBOURNE VIC 3004 | ||
18. | Doshi & Ting | VIC | Title ref: Lot B36 of Plan PS414649K Address: 36B/604 St Kilda Road MELBOURNE VIC 3004 | ||
19. | Doshi & Ting | VIC | Title ref: Lot 103 of Plan PS414649K Address: 13/604 St Kilda Road MELBOURNE VIC 3004 | ||
20. | Doshi & Ting | VIC | Title ref: Lot B18 of Plan PS414649K Address: 18B/604 St Kilda Road MELBOURNE VIC 3004 | ||
21. | Doshi & Ting | VIC | Title ref: Lot 306 of Plan PS414649K Address: 36/604 St Kilda Road MELBOURNE VIC 3004 | ||
22. | Doshi & Ting | VIC | Title ref: Lot B33 of Plan PS414649K Address: 33B/604 St Kilda Road MELBOURNE VIC 3004 | ||
23. | Doshi & Ting | VIC | Title ref: Lot 820 of Plan PS431573V Address: 820/250 Elizabeth Street MELBOURNE VIC 3000 | ||
24. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS414649K Address: 17/604 St Kilda Road MELBOURNE VIC 3004 | ||
25. | Doshi & Ting | VIC | Title ref: Lot B22 of Plan PS414649K Address: 22B/604 St Kilda Road MELBOURNE VIC 3004 | ||
26. | Doshi & Ting | VIC | Title ref: Lot 620S of Plan PS509916K Address: 620/750 Bourke Street DOCKLANDS VIC 3008 | ||
27. | Doshi & Ting | VIC | Title ref: Lot 614 of Plan PS431573V Address: 614/250 Elizabeth Street MELBOURNE VIC 3000 | ||
28. | Ting | VIC | Title ref: Lot 705S of Plan PS509916K Address: 705/750 Bourke Street DOCKLANDS VIC 3008 | ||
29. | Ting | VIC | Title ref: Lot 36 of Plan PS426080A Address: 34 Saltwater Drive WILLIAMSTOWN VIC 3016 | ||
30. | Ting | VIC | Title ref: Lot 613S of Plan PS509916K Address: 613/750 Bourke Street DOCKLANDS VIC 3008 | ||
31. | Ting | VIC | Title ref: Lot 25 of Plan PS301607H Address: 25/474 Flinders Street MELBOURNE VIC 3000 | ||
32. | Ting | VIC | Title ref: Lot 32 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 | ||
33. | Ting | VIC | Title ref: Lot 82 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 | ||
34. | Doshi & Ting | VIC | Title ref: Lot 203 of Plan PS544581R Address: 203/337 Stud Road WANTIRNA SOUTH VIC 3152 | ||
35. | Doshi & Ting | VIC | Title ref: Lot 209 of Plan PS414649K Address: 29/604 St Kilda Road MELBOURNE VIC 3004 | ||
36. | Doshi & Ting | VIC | Title ref: Lot B27 of Plan PS414649K Address: 27B/604 St Kilda Road MELBOURNE VIC 3004 | ||
37. | Ting | VIC | Title ref: Lot 118 of Plan PS432870J Address: 118/5-9 Studley Park Road KEW VIC 3101 | ||
38. | Ting | VIC | Title ref: Lot 605S of Plan PS509916K Address: 605/750 Bourke Street DOCKLANDS VIC 3008 | ||
39. | Ting | VIC | Title ref: Lot 43 of Plan PS402671K Address: 43/47 Lonsdale Street MELBOURNE VIC 3000 | ||
40. | Ting | VIC | Title ref: Lot 1111 of Plan PS619599F Address: 1111/135 City Road SOUTHBANK VIC 3006 | ||
41. | Ting | VIC | Title ref: Lot 22 of Plan SP37783D Address: 22/487 Flinders Lane MELBOURNE VIC 3000 | ||
42. | Ting | VIC | Title ref: Lot 409 of Plan PS332181R Address: 409/267 Flinders Lane MELBOURNE VIC 3000 | ||
43. | Ting | VIC | Title ref: Lot 1307 of Plan PS619599F Address: 1307/135 City Road SOUTHBANK VIC 3006 | ||
44. | Ting | VIC | Title ref: Lot 207 of Plan PS544581R Address: 207/337 Stud Road WANTIRNA SOUTH VIC 3152 | ||
45. | Ting | VIC | Title ref: Lot 118 of Plan PS608165D Address: 118/353 Springvale Road GLEN WAVERLEY VIC 3150 | ||
46. | Ting | VIC | Title ref: Lot 111 of Plan PS432870J Address: 111/5-9 Studley Park Road KEW VIC 3101 | ||
47. | Doshi & Ting | VIC | Title ref: Lot B38 on Plan PS414649K Address: 38B/604 St Kilda Road MELBOURNE VIC 3004 | ||
48. | Doshi & Ting | VIC | Title ref: Lot 404 on Plan PS414649K Address: 44/604 St Kilda Road MELBOURNE VIC 3004 | ||
49. | Doshi & Ting | VIC | Title ref: Lot 23 of Plan PS432634W Address: 23/137 Mountain Highway WANTIRNA VIC 3152 | ||
50. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS427416M Address: 107/11-17 Cohen Place MELBOURNE VIC 3000 | ||
51. | Doshi | VIC | Title ref: Lot 508S of Plan PS509916K Address: 508/750 Bourke Street DOCKLANDS VIC 3008 | ||
52. | Doshi | VIC | Title ref: Lot 808S of Plan PS509916K Address: 808/750 Bourke Street DOCKLANDS VIC 3008 | ||
53. | Doshi | VIC | Title ref: Lot 509S of Plan PS509916K Address: 509/750 Bourke Street DOCKLANDS VIC 3008 | ||
54. | Doshi | VIC | Title ref: Lot 106 of Plan PS414649K Address: 16/604 St Kilda Road MELBOURNE VIC 3004 | ||
55. | Doshi | VIC | Title ref: Lot B21 of Plan PS414649K Address: 21B/604 St Kilda Road MELBOURNE VIC 3004 | ||
56. | Doshi | VIC | Title ref: Lot 619S of Plan PS509916K Address: 619/750 Bourke Street DOCKLANDS VIC 3008 | ||
57. | Doshi | VIC | Title ref: Lot 403 of Plan PS431573V Address: 403/250 Elizabeth Street MELBOURNE VIC 3000 | ||
58. | Doshi | VIC | Title ref: Lot 812S of Plan PS509916K Address: 812/750 Bourke Street DOCKLANDS VIC 3008 | ||
59. | Doshi | VIC | Title ref: Lot 607 of Plan PS428294T Address: 608/118 Russell Street MELBOURNE VIC 3000 | ||
60. | Doshi | VIC | Title ref: Lot 34 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 | ||
61. | Doshi | VIC | Title ref: Lot 84 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 | ||
62. | Doshi | VIC | Title ref: Lot 22 of Plan PS418433N Address: Brunswick Street FITZROY VIC 3065 | ||
63. | Doshi | VIC | Title ref: Lot 218 of Plan PS418433N Address: 218/44 Brunswick Street FITZROY VIC 3065 | ||
64. | Doshi | VIC | Title ref: Lot 1111 of Plan PS414694E Address: 1111/133 33 City Road SOUTHBANK VIC 3006 | ||
65. | Doshi | VIC | Title ref: Lot 45 of Plan PS432634W Address: 45/137 Mountain Highway WANTIRNA VIC 3152 | ||
66. | Doshi | VIC | Title ref: Lot 603 of Plan PS418979Q Address: 603/155 Bourke Street MELBOURNE VIC 3000 | ||
67. | Doshi | VIC | Title ref: Lot 409 of Plan PS414649K Address: 49/604 St Kilda Road MELBOURNE VIC 3004 | ||
68. | Doshi | VIC | Title ref: Lot 202 of Plan PS414649K Address: 22/604 St Kilda Road MELBOURNE VIC 3004 | ||
69. | Doshi | VIC | Title ref: Lot B28 of Plan PS414649K Address: 28B/604 St Kilda Road MELBOURNE VIC 3004 | ||
70. | Doshi | VIC | Title ref: Lot 409 of Plan PS612466P Address: 409/157 Lonsdale Street DANDENONG VIC 3175 | ||
71. | Doshi | VIC | Title ref: Lot P4 of Plan PS612466P Address: Lonsdale Street DANDENONG VIC 3175 | ||
72. | Doshi | VIC | Title ref: Lot 36 of Plan PS620242S Address: 36/66 Julia Street PORTLAND VIC 3305 | ||
73. | Doshi | VIC | Title ref: Lot 37 of Plan PS620242S Address: 37/66 Julia Street PORTLAND VIC 3305 | ||
74. | Doshi | VIC | Title ref: Lot 504 of Plan PS502321G Address: 504/8 Dorcas Street SOUTHBANK VIC 3006 | ||
WESTERN AUSTRALIA | |||||
75. | Ting | WA | Title ref: 02035/00730 Address: Apartment 30, 451 Murray Street PERTH WA 6000 | ||
76. | Doshi | WA | Title ref: 02596/00881 Address: Unit 505, 18 Rheola Street WEST PERTH WA 6005 | ||
AUSTRALIAN CAPITAL TERRITORY | |||||
77. | Doshi | ACT | Title ref: Unit 62, Block 16, Section 19 Division Braddon Address: Unit 62, 84 Northbourne Avenue BRADDON ACT 2612 | ||
78. | Doshi & Ting | ACT | Title ref: Unit 48, Block 16, Section 19, Division Braddon Address: Unit 48, 84 Northbourne Avenue BRADDON ACT 2612 | ||
79. | Doshi & Ting | ACT | Title ref: Unit 7, Block 16, Section 19, Division Braddon Address: Unit 7, 84 Northbourne Avenue BRADDON ACT 2612 | ||
80. | Doshi & Ting | ACT | Title ref: Unit 70, Block 16, Section 19, Division Braddon Address: Unit 70, 84 Northbourne Avenue BRADDON ACT 2612 | ||
81. | Doshi & Ting | ACT | Title ref: Unit 10, Block 16, Section 19, Division Braddon Address: Unit 10, 84 Northbourne Avenue BRADDON ACT 2612 | ||
82. | Doshi & Ting | ACT | Title ref: Unit 57, Block 16, Section 19, Division Braddon Address: Unit 57, 84 Northbourne Avenue BRADDON ACT 2612 | ||
83. | Doshi & Ting | ACT | Title ref: Unit 61, Block 16, Section 19, Division Braddon Address: Unit 61, 84 Northbourne Avenue BRADDON ACT 2612 | ||
84. | Doshi & Ting | ACT | Title ref: Unit 67, Block 16, Section 19, Division Braddon Address: Unit 67, 84 Northbourne Avenue BRADDON ACT 2612 | ||
85. | Doshi & Ting | ACT | Title ref: Block 18, Section 67, Division Nicholls Address: 21 Whatmore Court NICHOLLS ACT 2913 | ||
SCHEDULE 4
Freezing Order (Made without Notice)
No. ACD 21 of 2024
Federal Court of Australia
District Registry: Australian Capital Territory
Division: General
IN THE MATTER OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION)
ACN 158 636 750
HENRY JOSEPH KAZAR IN HIS CAPACITY AS THE LIQUIDATOR OF PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
First Plaintiff
PF1 SOLUTIONS PTY LTD (IN LIQUIDATION) (ACN 158 636 750)
Second Plaintiff
KALPESH VASANT DOSHI
First Defendant
LUCY TING
Second Defendant
KALPESH VASANT DOSHI AND LUCY TING IN THEIR CAPACITY AS TRUSTEES OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
Third Defendant
PENAL NOTICE
TO: LUCY TING IN HER CAPACITY AS TRUSTEE OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
IF YOU (BEING THE PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
TO: LUCY TING IN HER CAPACITY AS TRUSTEE OF THE SUPER BULLEARISH FUND (ABN 69 013 060 963)
This is a 'freezing order' made against you on 8 July 2024 by Justice Goodman following a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavit listed in Schedule B to this order.
THE COURT ORDERS:
INTRODUCTION
1.
(a) The application for this order is made returnable immediately.
(b) That service of this application on the defendants be waived and the interim application be heard on an ex parte basis.
(c) That personal service of the application and affidavit of Madeleine Ness be dispensed with pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth).
(d) That service of this application and affidavit of Madeleine Ness affirmed 18 June 2024 and a copy of these orders (the Documents) be served on each of the defendants in the following manner:
(i) delivering a copy of the Documents to Chamberlains law firm at 224 Bunda Street, CANBERRA ACT 2601;
(ii) emailing a copy of the Documents to neil.bookseller@chamberlains.com.au;
and
(iii) emailing a copy of the Documents to kaldoshi0@gmail.com.
(e) That service of the Documents on each defendant shall be deemed to have occurred at the end of three (3) business days after compliance with order 1(d) above.
2. This order has effect pending the determination of the s 1323(1) application. The proceeding is listed for before Justice Goodman at 10:15 am on 24 July 2024 (the Return Date). On the Return Date at 10:15AM there will be a further hearing in respect of this order before Justice Goodman.
3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.
4. In this order:
(a) ‘plaintiff’, if there is more than one plaintiff, includes all the plaintiffs;
(b) 'you', where there is more than one of you, includes all of you and includes you if you are a corporation;
(c) 'third party' means a person other than you and the plaintiff; and
(d) 'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.
5.
(a) If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.
(b) If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.
FREEZING OF ASSETS
6.
(a) You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia ('Australian assets') up to the unencumbered value of AUD$5,071,487.52 ('the Relevant Amount').
(b) If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.
(c) If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia (‘ex-Australian assets’):
(i) You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and
(ii) You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.
7. For the purposes of this order:
(a) your assets include:
(i) all your assets, whether or not they are in your name and whether they are solely or co-owned;
(ii) any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and
(iii) the following assets in particular:
A. the properties identified in the Annexure to this Order or, if it or they have been sold, the net proceeds of the sale; and
(b) the value of your assets is the value of the interest you have individually in your assets.
EXCEPTIONS TO THIS ORDER
8. This order does not prohibit you from:
(a) paying up to $2,000 a week on your ordinary living expenses;
(b) paying $5,000 on your reasonable legal expenses;
(c) dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and
(d) in relation to matters not falling within (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the plaintiff, if possible, at least two working days written notice of the particulars of the obligation.
9. You and the plaintiff may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the plaintiff or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the plaintiff and you, and the Court may order that the exceptions are varied accordingly.
10.
(a) This order will cease to have effect if you:
(i) pay the sum of $5,071,487.52 into Court; or
(ii) pay that sum into a joint bank account in the name of your lawyer and the lawyer for the plaintiff as agreed in writing between them; or
(iii) provide security in that sum by a method agreed in writing with the plaintiff to be held subject to the order of the Court.
(b) Any such payment and any such security will not provide the plaintiff with any priority over your other creditors in the event of your insolvency.
(c) If this order ceases to have effect pursuant 10(a) above, you must as soon as practicable file with the Court and serve on the plaintiff notice of that fact.
Costs
11. The costs of this application are reserved.
Persons other than the plaintiff and defendant
12. Set off by banks
This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.
13. Bank withdrawals by the defendant
No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.
14. Persons outside Australia
(a) Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.
(b) The terms of this order will affect the following persons outside Australia:
(i) you and your directors, officers, employees and agents (except banks and financial institutions);
(ii) any person (including a bank or financial institution) who:
A. is subject to the jurisdiction of this Court; and
B. has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and
C. is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and
(iii) any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.
15. Assets located outside Australia
Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the plaintiff.
PROVISION OF INFORMATION
16. Subject to paragraph 17, you must:
(a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;
(b) within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.
17.
(a) This paragraph (17) applies if you are not a corporation and you wish to object to complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that you:
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(b) This paragraph (17) also applies if you are a corporation and all of the persons who are able to comply with paragraph 16 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 16 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:
(i) have committed an offence against or arising under an Australian law or a law of a foreign country; or
(ii) are liable to a civil penalty.
(c) You must:
(i) disclose so much of the information required to be disclosed to which no objection is taken; and
(ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and
(iii) file and serve on each other party a separate affidavit setting out the basis of the objection.
SCHEDULE A
Undertakings Given to the Court by the Plaintiffs
1. As soon as practicable, the plaintiffs will file and serve upon the defendants copies of:
(a) this order;
(b) the application for this order for hearing on the return date;
(c) the following material in so far as it was relied on by the plaintiffs at the hearing when the order was made:
i. affidavits (or draft affidavits);
ii. exhibits capable of being copied;
iii. any written submission; and
iv. any other document that was provided to the Court.
(d) a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put, to the Court;
(e) the originating process, or, if none was filed, any draft originating process produced to the Court.
2. As soon as practicable, the plaintiffs will cause anyone notified of this order to be given a copy of it.
3. The plaintiffs will pay the reasonable costs of anyone other than the defendants which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the defendants’ assets.
4. If this order ceases to have effect the plaintiffs will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
5. The plaintiffs will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.
6. The plaintiffs will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the defendants or the defendants’ assets.
SCHEDULE B
Affidavits Relied On:
Name of deponent | Date affidavit made |
Madeleine Louise Ness | 18 June 2024 |
ANNEXURE
Asset List
Item | Owner(s) | State/Territory | Title & Address Details | ||
QUEENSLAND | |||||
1. | Ting | QLD | Title ref: 50186705 Address: Unit 2, 85 Deakin Street KANGAROO POINT QLD 4169 | ||
2. | Doshi & Ting | QLD | Title ref: 50186758 Address: Unit 55, 85 Deakin Street KANGAROO POINT QLD 4169 | ||
3. | Doshi | QLD | Title ref: 50186714 Address: Unit 11, 85 Deakin Street KANGAROO POINT QLD 4169 | ||
4. | Doshi | QLD | Title ref: 50186745 Address: Unit 42, 85 Deakin Street KANGAROO POINT QLD 4169 Unit 342, 36 Rotherham Street KANGAROO POINT QLD 4169 | ||
5. | Doshi | QLD | Title ref: 50630239 Address: Unit 305, 6 Exford Street BRISBANE CITY QLD 4000 | ||
NEW SOUTH WALES | |||||
6. | Ting | NSW | Title ref: 50/SP70943 Address: Unit 406, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
7. | Doshi & Ting | NSW | Title ref: 46/SP70943 Address: Unit 339, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
8. | Doshi &Ting | NSW | Title ref: 24/SP70943 Address: Unit 223, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
9. | Doshi & Ting | NSW | Title ref: 52/SP70943 Address: Unit 409, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
10. | Doshi & Ting | NSW | Title ref: 83/SP70943 Address: Unit 539, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
11. | Doshi & Ting | NSW | Title ref: 35/SP80575 Address: Unit 35, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 | ||
12. | Doshi & Ting | NSW | Title ref: 36/SP80575 Address: Unit 36, 6 – 10 Gladstone Avenue WOLLONGONG NSW 2500 | ||
13. | Doshi | NSW | Title ref: 14/SP70943 Address: 3G, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
14. | Doshi | NSW | Title ref: 39/SP70943 Address: 327, 58 – 62 Delhi Road MACQUARIE PARK NSW 2113 | ||
VICTORIA | |||||
15. | Ting | VIC | Title ref: Lot 837 of Plan LP213014S Address: 290 Morris Road HOPPERS CROSSING VIC 3029 | ||
16. | Doshi & Ting | VIC | Title ref: Lot 58 of Plan PS426080A Address: 78 Saltwater Drive WILLIAMSTOWN VIC 3016 | ||
17. | Doshi & Ting | VIC | Title ref: Lot 307 of Plan PS414649K Address: 37/604 St Kilda Road MELBOURNE VIC 3004 | ||
18. | Doshi & Ting | VIC | Title ref: Lot B36 of Plan PS414649K Address: 36B/604 St Kilda Road MELBOURNE VIC 3004 | ||
19. | Doshi & Ting | VIC | Title ref: Lot 103 of Plan PS414649K Address: 13/604 St Kilda Road MELBOURNE VIC 3004 | ||
20. | Doshi & Ting | VIC | Title ref: Lot B18 of Plan PS414649K Address: 18B/604 St Kilda Road MELBOURNE VIC 3004 | ||
21. | Doshi & Ting | VIC | Title ref: Lot 306 of Plan PS414649K Address: 36/604 St Kilda Road MELBOURNE VIC 3004 | ||
22. | Doshi & Ting | VIC | Title ref: Lot B33 of Plan PS414649K Address: 33B/604 St Kilda Road MELBOURNE VIC 3004 | ||
23. | Doshi & Ting | VIC | Title ref: Lot 820 of Plan PS431573V Address: 820/250 Elizabeth Street MELBOURNE VIC 3000 | ||
24. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS414649K Address: 17/604 St Kilda Road MELBOURNE VIC 3004 | ||
25. | Doshi & Ting | VIC | Title ref: Lot B22 of Plan PS414649K Address: 22B/604 St Kilda Road MELBOURNE VIC 3004 | ||
26. | Doshi & Ting | VIC | Title ref: Lot 620S of Plan PS509916K Address: 620/750 Bourke Street DOCKLANDS VIC 3008 | ||
27. | Doshi & Ting | VIC | Title ref: Lot 614 of Plan PS431573V Address: 614/250 Elizabeth Street MELBOURNE VIC 3000 | ||
28. | Ting | VIC | Title ref: Lot 705S of Plan PS509916K Address: 705/750 Bourke Street DOCKLANDS VIC 3008 | ||
29. | Ting | VIC | Title ref: Lot 36 of Plan PS426080A Address: 34 Saltwater Drive WILLIAMSTOWN VIC 3016 | ||
30. | Ting | VIC | Title ref: Lot 613S of Plan PS509916K Address: 613/750 Bourke Street DOCKLANDS VIC 3008 | ||
31. | Ting | VIC | Title ref: Lot 25 of Plan PS301607H Address: 25/474 Flinders Street MELBOURNE VIC 3000 | ||
32. | Ting | VIC | Title ref: Lot 32 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 | ||
33. | Ting | VIC | Title ref: Lot 82 of Plan PS348191Y Address: 332/111 Punt Road WINDSOR VIC 3181 | ||
34. | Doshi & Ting | VIC | Title ref: Lot 203 of Plan PS544581R Address: 203/337 Stud Road WANTIRNA SOUTH VIC 3152 | ||
35. | Doshi & Ting | VIC | Title ref: Lot 209 of Plan PS414649K Address: 29/604 St Kilda Road MELBOURNE VIC 3004 | ||
36. | Doshi & Ting | VIC | Title ref: Lot B27 of Plan PS414649K Address: 27B/604 St Kilda Road MELBOURNE VIC 3004 | ||
37. | Ting | VIC | Title ref: Lot 118 of Plan PS432870J Address: 118/5-9 Studley Park Road KEW VIC 3101 | ||
38. | Ting | VIC | Title ref: Lot 605S of Plan PS509916K Address: 605/750 Bourke Street DOCKLANDS VIC 3008 | ||
39. | Ting | VIC | Title ref: Lot 43 of Plan PS402671K Address: 43/47 Lonsdale Street MELBOURNE VIC 3000 | ||
40. | Ting | VIC | Title ref: Lot 1111 of Plan PS619599F Address: 1111/135 City Road SOUTHBANK VIC 3006 | ||
41. | Ting | VIC | Title ref: Lot 22 of Plan SP37783D Address: 22/487 Flinders Lane MELBOURNE VIC 3000 | ||
42. | Ting | VIC | Title ref: Lot 409 of Plan PS332181R Address: 409/267 Flinders Lane MELBOURNE VIC 3000 | ||
43. | Ting | VIC | Title ref: Lot 1307 of Plan PS619599F Address: 1307/135 City Road SOUTHBANK VIC 3006 | ||
44. | Ting | VIC | Title ref: Lot 207 of Plan PS544581R Address: 207/337 Stud Road WANTIRNA SOUTH VIC 3152 | ||
45. | Ting | VIC | Title ref: Lot 118 of Plan PS608165D Address: 118/353 Springvale Road GLEN WAVERLEY VIC 3150 | ||
46. | Ting | VIC | Title ref: Lot 111 of Plan PS432870J Address: 111/5-9 Studley Park Road KEW VIC 3101 | ||
47. | Doshi & Ting | VIC | Title ref: Lot B38 on Plan PS414649K Address: 38B/604 St Kilda Road MELBOURNE VIC 3004 | ||
48. | Doshi & Ting | VIC | Title ref: Lot 404 on Plan PS414649K Address: 44/604 St Kilda Road MELBOURNE VIC 3004 | ||
49. | Doshi & Ting | VIC | Title ref: Lot 23 of Plan PS432634W Address: 23/137 Mountain Highway WANTIRNA VIC 3152 | ||
50. | Doshi & Ting | VIC | Title ref: Lot 107 of Plan PS427416M Address: 107/11-17 Cohen Place MELBOURNE VIC 3000 | ||
51. | Doshi | VIC | Title ref: Lot 508S of Plan PS509916K Address: 508/750 Bourke Street DOCKLANDS VIC 3008 | ||
52. | Doshi | VIC | Title ref: Lot 808S of Plan PS509916K Address: 808/750 Bourke Street DOCKLANDS VIC 3008 | ||
53. | Doshi | VIC | Title ref: Lot 509S of Plan PS509916K Address: 509/750 Bourke Street DOCKLANDS VIC 3008 | ||
54. | Doshi | VIC | Title ref: Lot 106 of Plan PS414649K Address: 16/604 St Kilda Road MELBOURNE VIC 3004 | ||
55. | Doshi | VIC | Title ref: Lot B21 of Plan PS414649K Address: 21B/604 St Kilda Road MELBOURNE VIC 3004 | ||
56. | Doshi | VIC | Title ref: Lot 619S of Plan PS509916K Address: 619/750 Bourke Street DOCKLANDS VIC 3008 | ||
57. | Doshi | VIC | Title ref: Lot 403 of Plan PS431573V Address: 403/250 Elizabeth Street MELBOURNE VIC 3000 | ||
58. | Doshi | VIC | Title ref: Lot 812S of Plan PS509916K Address: 812/750 Bourke Street DOCKLANDS VIC 3008 | ||
59. | Doshi | VIC | Title ref: Lot 607 of Plan PS428294T Address: 608/118 Russell Street MELBOURNE VIC 3000 | ||
60. | Doshi | VIC | Title ref: Lot 34 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 | ||
61. | Doshi | VIC | Title ref: Lot 84 of Plan PS348191Y Address: 334/111 Punt Road WINDSOR VIC 3181 | ||
62. | Doshi | VIC | Title ref: Lot 22 of Plan PS418433N Address: Brunswick Street FITZROY VIC 3065 | ||
63. | Doshi | VIC | Title ref: Lot 218 of Plan PS418433N Address: 218/44 Brunswick Street FITZROY VIC 3065 | ||
64. | Doshi | VIC | Title ref: Lot 1111 of Plan PS414694E Address: 1111/133 33 City Road SOUTHBANK VIC 3006 | ||
65. | Doshi | VIC | Title ref: Lot 45 of Plan PS432634W Address: 45/137 Mountain Highway WANTIRNA VIC 3152 | ||
66. | Doshi | VIC | Title ref: Lot 603 of Plan PS418979Q Address: 603/155 Bourke Street MELBOURNE VIC 3000 | ||
67. | Doshi | VIC | Title ref: Lot 409 of Plan PS414649K Address: 49/604 St Kilda Road MELBOURNE VIC 3004 | ||
68. | Doshi | VIC | Title ref: Lot 202 of Plan PS414649K Address: 22/604 St Kilda Road MELBOURNE VIC 3004 | ||
69. | Doshi | VIC | Title ref: Lot B28 of Plan PS414649K Address: 28B/604 St Kilda Road MELBOURNE VIC 3004 | ||
70. | Doshi | VIC | Title ref: Lot 409 of Plan PS612466P Address: 409/157 Lonsdale Street DANDENONG VIC 3175 | ||
71. | Doshi | VIC | Title ref: Lot P4 of Plan PS612466P Address: Lonsdale Street DANDENONG VIC 3175 | ||
72. | Doshi | VIC | Title ref: Lot 36 of Plan PS620242S Address: 36/66 Julia Street PORTLAND VIC 3305 | ||
73. | Doshi | VIC | Title ref: Lot 37 of Plan PS620242S Address: 37/66 Julia Street PORTLAND VIC 3305 | ||
74. | Doshi | VIC | Title ref: Lot 504 of Plan PS502321G Address: 504/8 Dorcas Street SOUTHBANK VIC 3006 | ||
WESTERN AUSTRALIA | |||||
75. | Ting | WA | Title ref: 02035/00730 Address: Apartment 30, 451 Murray Street PERTH WA 6000 | ||
76. | Doshi | WA | Title ref: 02596/00881 Address: Unit 505, 18 Rheola Street WEST PERTH WA 6005 | ||
AUSTRALIAN CAPITAL TERRITORY | |||||
77. | Doshi | ACT | Title ref: Unit 62, Block 16, Section 19 Division Braddon Address: Unit 62, 84 Northbourne Avenue BRADDON ACT 2612 | ||
78. | Doshi & Ting | ACT | Title ref: Unit 48, Block 16, Section 19, Division Braddon Address: Unit 48, 84 Northbourne Avenue BRADDON ACT 2612 | ||
79. | Doshi & Ting | ACT | Title ref: Unit 7, Block 16, Section 19, Division Braddon Address: Unit 7, 84 Northbourne Avenue BRADDON ACT 2612 | ||
80. | Doshi & Ting | ACT | Title ref: Unit 70, Block 16, Section 19, Division Braddon Address: Unit 70, 84 Northbourne Avenue BRADDON ACT 2612 | ||
81. | Doshi & Ting | ACT | Title ref: Unit 10, Block 16, Section 19, Division Braddon Address: Unit 10, 84 Northbourne Avenue BRADDON ACT 2612 | ||
82. | Doshi & Ting | ACT | Title ref: Unit 57, Block 16, Section 19, Division Braddon Address: Unit 57, 84 Northbourne Avenue BRADDON ACT 2612 | ||
83. | Doshi & Ting | ACT | Title ref: Unit 61, Block 16, Section 19, Division Braddon Address: Unit 61, 84 Northbourne Avenue BRADDON ACT 2612 | ||
84. | Doshi & Ting | ACT | Title ref: Unit 67, Block 16, Section 19, Division Braddon Address: Unit 67, 84 Northbourne Avenue BRADDON ACT 2612 | ||
85. | Doshi & Ting | ACT | Title ref: Block 18, Section 67, Division Nicholls Address: 21 Whatmore Court NICHOLLS ACT 2913 | ||
GOODMAN J
1 This is an ex parte application for interim orders, sought primarily pursuant to s 1323(3) of the Corporations Act 2001 (Cth).
2 The first plaintiff is the liquidator of the second plaintiff. By an originating application filed on 15 April 2024, which is supported by a statement of claim filed on the same date, the plaintiffs contend, in summary, that:
(1) the first defendant (Mr Doshi) and the second defendant (Ms Ting), who are married, were at all material times employees of the second plaintiff and joint and several trustees and beneficiaries of the Super Bullearish Fund, a self-managed superannuation fund. The plaintiffs also contend that Mr Doshi was the sole director of the second plaintiff for some of the material times;
(2) funds belonging to the second plaintiff were transferred from the second plaintiff to Mr Doshi and Ms Ting in their personal capacities and in their capacities as trustees of the Fund. Mr Doshi and Ms Ting participated in such transfers and the receipt of the transferred funds;
(3) those funds were applied by Mr Doshi and Ms Ting, inter alia, to the purchase of parcels of real property in the names of Mr Doshi and Ms Ting in their personal capacities and in their capacities as trustees of the Fund;
(4) Mr Doshi contravened ss 181 and 182 of the Act; Ms Ting contravened s 182 of the Act; and each of them breached contractual, common law and equitable duties or obligations owed by them to the second plaintiff;
(5) each of Mr Doshi and Ms Ting is directly or accessorily liable for such contraventions; and
(6) the plaintiffs are entitled to various forms of relief, including relief pursuant to ss 1317E and 1317H of the Act, at common law and in equity.
3 By an interlocutory application filed on 26 June 2024, the plaintiffs seek freezing orders and asset disclosure orders. These orders are sought pursuant to s 1323(1) of the Act. The interlocutory application is supported by an affidavit of Ms Madeleine Ness, a solicitor in the employ of the solicitors for the plaintiffs, affirmed 18 June 2024 and a voluminous exhibit to that affidavit.
4 Section 1323 of the Act provides, in so far as is presently relevant:
Power of Court to prohibit payment or transfer of money, financial products or other property
(1) Where:
(a) an investigation is being carried out under the ASIC Act or this Act in relation to an act or omission by a person, being an act or omission that constitutes or may constitute a contravention of this Act; or
(b) a prosecution has been begun against a person for a contravention of this Act; or
(c) a civil proceeding has been begun against a person under this Act;
and the Court considers it necessary or desirable to do so for the purpose of protecting the interests of a person (in this section called an aggrieved person) to whom the person referred to in paragraph (a), (b) or (c), as the case may be, (in this section called the relevant person), is liable, or may be or become liable, to pay money, whether in respect of a debt, by way of damages or compensation or otherwise, or to account for financial products or other property, the Court may, on application by ASIC or by an aggrieved person, make one or more of the following orders…
…
(3) Where an application is made to the Court for an order under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.
(emphasis in original)
5 As an application has been made to the Court for an order under s 1323(1), pursuant to s 1323(3) the Court has a discretion to grant an interim order of the kind applied for and which is expressed to have effect pending the determination of the application, before the application is considered. Before granting such an order, the Court must be satisfied that it is desirable to do so. I am persuaded that it is desirable to make an interim order of the kind applied for, for the following reasons.
6 First, it is at least arguable that the first plaintiff will satisfy the Court that the discretion in s 1323(1) will be enlivened in circumstances where it appears from the originating application and the statement of claim that: (1) a civil proceeding has been begun against a person under the Act, within the meaning of s 1323(1)(c); (2) each of the plaintiffs is an “aggrieved person”; and (3) each of Mr Doshi and Ms Ting is a “relevant person” who may become liable to pay money, damages or compensation or to account for property.
7 Secondly, it is open to the Court upon the hearing of the application for orders under s 1323(1) to be satisfied that it is “necessary or desirable” to make such orders for the purpose of protecting the interests of the plaintiffs. In this regard, it is sufficient to note (without making any findings at this stage) that the evidence on the application may be capable of suggesting that: (1) during a period in which Mr Doshi was the sole signatory on two accounts operated by the second plaintiff, payments were made from those accounts to Mr Doshi, Ms Ting and to the Fund well in excess of amounts to which Mr Doshi and Ms Ting were entitled by reason of their employment contracts; and (2) the proceeds of some such payments have been used to purchase property in the names of Mr Doshi and Ms Ting.
8 Thirdly, there is evidence that may be capable of suggesting (again without making any findings at this stage) that Mr Doshi and Ms Ting may take steps that would have the effect of frustrating the processes of the Court including attempts to execute any judgment made in favour of the plaintiffs. In this regard, the plaintiffs rely upon, inter alia: (1) the nature of the conduct alleged against Mr Doshi and Ms Ting (see, e.g., Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 at 325 (Gleeson CJ)); (2) their contention that one of the properties was sold in March 2024; and (3) the apparent sudden relocation overseas by Mr Doshi and Ms Ting and the withdrawal of their instructions to their solicitor at a time when the solicitors for the plaintiffs were attempting to arrange service of the originating application and statement of claim.
9 Fourthly, the freezing orders are by their nature interim and Mr Doshi and Ms Ting will have the opportunity to argue against the continuation of the orders at the return date specified therein, or at an earlier time should they choose to exercise liberty to apply.
10 Finally, I have taken into account matters properly and fairly raised by counsel for the plaintiffs on this ex parte application as matters which may tend against the making of the orders sought under s 1323(1), including the potential operation of limitation periods with respect to some of the various pleaded causes of action. However, I do not regard any of these matters as so potentially significant as to outweigh the considerations set out above with respect to the discretion under s 1323(3).
11 I also note that it is arguable that some of the orders sought in the interlocutory application, including the asset disclosure orders, go beyond the kind of orders for which s 1323(1) makes provision. However, I am satisfied that the interim orders sought, to the extent that they may go beyond the kind of orders for which s 1323(1) provides, may be made pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) and r 7.33 of the Federal Court Rules 2011 (Cth). Under r 7.33 an asset disclosure order may be made for the purposes of, inter alia, eliciting information relating to assets relevant to a prospective freezing order and determining whether a freezing order should be made.
12 For the above reasons, orders should be made substantially in the form of the orders sought by the plaintiffs as amended following discussion at the hearing. I will make orders accordingly.
I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Goodman. |
Associate:
