Federal Court of Australia
CATCHWORDS.
Injunction - Federal Court - Mareva injunctions - Application under Trade Practices Act for damages for mis— leading and. deceptive conduct. = Associated claims for negligent and fraudulent. misrepresentation and breach.
of warranty - Injunctions sought restraining appointment of receiver and disposal of assets by respondents
pending. hearing of application - Respondents in Australia - Whether Federal Court has jurisdiction to grant
injunctions - Test to be applied - Whether real risk
of respondents removing or dissipating assets
Federal Court of Australia Act 1976, ss. 22, 23, 32
Trade Practices Act 1974, s.87
HIERO PTY. LIMITED v. WILLIAM ANTHONY SOMERS & ORS.
~~
No. G.240 of 1982.
CORAM: ELLICOTT J. SYDNEY
1l FEBRUARY 1983
IY THE FEDERAL COURT OF AUSTRALIA) ) - WEW SOUTH WALES DISTRICT REGISTRY) No. G.240 of 1982
-. GENERAL DIVISTON : )
FIER PTY. LIMITED
; . _ AppItcant " -WIDLIAM ANTHONY SOMERS . an a First. Respondent
; - EX. BUSINESS ACQUISITIONS PTY. * LIMITED
Second Respondent
KEDAW PTY. LIMITED
Third Respondent
' ALFRED KNIGHT PITY. CIMITED - SO _ Fourth: Respondent
' BEALE PIANOS PTY. LIMITED Fifth Respondent
* MUSIC" HOUSES OF AUSTRALIA PITY. ~ LIMITED _
Sixth Respondent ~ NICHOLSOM' S° PTY,: LIMITED
Seventh Respondent
"WES PATING PrY.. LIMITED ° Eighth Respondent.
- ORDER "JUDGE MAKING ORDER= Ellicott x. - DATE: OF- ORDER: Il February 1583
" WHERE" MADE: Sydney
2e
~ THES COURT ORDERS. TEAT:—
Te
The: Notice of Motiom dated 25 January 1983
be: dismissed...
The 'costs of the: third to eighth respondents of thts Notice of Motton he part of their costs
aft the main application.
IN THE FEDERAL COURT OF AUSTRALIA )} * ' ry . )- NEW SOUTH WALES DISTRICT REGISTRY ) Now G.240 of 1982 ' ). ' GENERAL DIVISION )
HIERO PTY. LIMITED Applicant. WILLIAM ANTHONY SOMERS
° ; First Respondent
.
_"- BE. BUSINESS ACQUISITIONS PIY. EIMDTED.
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