Federal Court of Australia
A
CATCHWORODS
INJUNCTION - Mareva - respondent not joined in claim for principal relief - respondent said to be holding property of a respondent in claim for principal relief - whether sufficient prima facie case - extent of jurisdiction to grant Mareva injunctions.
Siskina & Ors. v. Distos Compania Naviera (1979) A.C. 210 Hiero Pty. Ltd. v. Somers (1983) 47 A.L.R. 605
WAREA PTY. LTD. & ANOR. v. WATERLOO INDUSTRIES PTY. LTD. & ORS. G6 OF 1986
PINCUS J. BRISBANE 4 MARCH 1986
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G6 of 1986 GENERAL DIVISION
BETWEEN :
JUDGE MAKING ORDER:
AND:
AND:
DATE OF ORDER:
WHERE MADE:
WAREA PTY. LTD. First Applicant STRIPE LIMITED
Second Applicant
WATERLOO INDUSTRIES PTY LTD & ORS trading as DELTRITE FINANCIAL SERVICES
First Respondent
WILLIAM LEONARD ARMSTRONG
Second Respondent
LISA N. VIRBA
Third Respondent ROBERT WAYNE COLLINS
Fourth Respondent
MINUTES OF ORDER
PINCUS J. 4 MARCH 1986
BRISBANE
THE COURT ORDERS THAT:
1, The fifth respondent be restrained until judgment following trial of the within action or earlier order from, in her capacity as trustee of the Armstrong Trust -
(a) selling, disposing or charging or otherwise
encumbering or dealing with any real property heid by her in Australia;
(b) withdrawing any moneys from any bank account
operated by her in her capacity as trustee of the Armstrong Trust;
(c) disposing of or otherwise dealing with any asset which she holds inher capacity as trustee of the Armstrong Trust.
2. Leave be given to the applicants to amend the Statement of Claim.
3. The applicants do serve an amended Statement of Claim by the 14th day of March 1986.
4. The fifth respondent do deliver a defence to the Statement of Claim by the 24th day of March 1986.
5. The fifth respondent does give discovery of documents on or before the 4th day of April 1986 and that inspection take place on or before the llth day of April 1986.
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