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Clifton v Wuxi Suntech Power Co., Limited, (People's Republic of China) [2016] FCA 1014

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PRACTICE AND PROCEDURE - application for freezing order - where liquidator plaintiffs have a good arguable case to recover payments as unfair preferences - where defendant's only asset in Australia is a debt owed to it by the company in liquidation - whether there is a risk that a prospective judgment will be wholly or partly unsatisfied because the debt might be assigned to a third party - where defendant is a foreign corporation - where asset is a non-trading asset - where insufficient risk of dissipation established - application dismissed.

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