Glandore Pty Ltd and ors v Elders Finance & Investment Co. Ltd [1984] FCA 450

O

CATCHWORDS

Trade Practices - misleading and deceptive conduct - claim by mortgagor against mortgagee - application for interlocutory relier - whether applicant required to pay money into Court - whether unpaid interest should

be paid to mortaagee as term of relief

Trade Practices Act 1974. 38.52. 87

GLANDORE PTY. LIMITED (Receivers and Managers appointed): DAVID HENRY LEITCH; ALMA MARGARET LEITCH: GARY DAVID LEITCH - Applicants

ELDERS FINANCE & INVESTMENT CO. LIMITED - Respondent

No. QLD. G 101 of 1984

Morlindg J. 13 December 1994

sydney

IN THE FEDERAL COURT OF AUSTRALTA QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN :

AND:

AND:

AND:

JUDGE MAKING ORDER DATE OF ORDER WHERE MADE

No. G 101 of 1984

~~~ +r

GLANDORE PTY. LIMITED (Receivers and Managers appointed)

First Applicant DAVID HENRY LEITCH

Second Applicant ALMA MARGARET LEITCH

Third Applicant GARY DAVID LEITCH

Fourth Applicant

ELDERS FINANCE & INVESTMENT CO. LIMITED

Respondent

Ok DER

Morling J.

19 December 1984

Sydney

THE COURT ORDERS AS FOLLOWS:

Upon the applicants giving the usual undertaking as to

damages and

further undertakina to use their best

endeavours to expedite the hearing of the application

I make the tollowing orders:

tu

That the respondent be restrained until 4 p.m. on 14 January 1985 from selling any of the property given by the applicants or anv of them as security for the making of advances by the respondent under the loan

agreement made on 2 February 1982 between

the applicants and the respondent.

That if the applicants on or before 4 p.m. on 14 January 1985 pay to the respondent the sum of $307,000 on account of interest on moneys advanced by the respondent to the applicants or any of them. and also on account of expenses incurred by the respondent, the injunction referred to in para. 1 is to continue until the final hearing of the application or further