Mansfield (trustee) v Yang, In the matter of Yang
[2023] FCA 691
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2023-06-22
Before
Markovic J, Lee J, Cheeseman J
Source
Original judgment source is linked above.
Judgment (3 paragraphs)
- Pursuant to r 1.32 of the Federal Court Rules 2011 (Cth) the need to file an interlocutory application in relation to the relief granted by order 2 be dispensed.
- The freezing order made by Markovic J in respect of Palladium Investments International Pty Ltd ACN 613 148 431 (In Liquidation) on 6 April 2018 and extended until further order by Lee J on 11 April 2018 be discharged. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
CHEESEMAN J 1 In these proceedings on 22 June 2023, I made orders discharging the freezing orders made by Markovic J against Palladium Investments International Pty Ltd ACN 613 148 431 (In Liquidation) on 6 April 2018 and extended by Lee J on 11 April 2018. The freezing orders were made against Palladium on the application of David Ian Mansfield in his capacity as the trustee in bankruptcy of Jin Heung Yang. 2 The application to discharge the freezing orders was made Mr Mansfield in an interlocutory application filed on 31 May 2018 in a separate proceeding: David Ian Mansfield in his capacity as the trustee in bankruptcy of Jin Heung Yang v Palladium Investments International Pty Ltd ACN 613 148 431 & Anor (NSD1130/2018). 3 I considered it appropriate to make the order in this proceeding discharging the freezing orders against Palladium. My reasons for doing so are set out at paragraphs [38] to [40] in Mansfield in his capacity as the trustee in the bankruptcy of Yang v Palladium Investments International Pty Ltd [2023] FCA 690. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Cheeseman.