Morenita Pty Ltd v AGC Advances Ltd & Anor [1986] FCA 263

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IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G170 of 1986 ) )

GENERAL DIVISION

BETWEEN: MORENITA PTY. LIMITED . Applicant AND: AGC (ADVANCES) LIMITED

First Pespondent

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PETER WALKER

Second Respondent

MINUTES OF ORDER-

Judge making order: Jackson J. Date order made: 4& gJuiy 1986

Where made: Sydney

THE COURT ORDERS THAT: -

Upon the applicant giving the usual undertaking as to damages and upon the applicant undertaking to the Court not to dispose of any of its assets except in the ordinary course of

its ordinary business.

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IT IS ORDERED:

That until further order the applicant keep records of receipts and payments received or made by the applicant

such records to include:-

Cash Receipts book

Cash Payments book

Bar takings book

Bistro takings book

Bookings Register

Deposit Receipts book

Cheque butts from 1 July 1985

Bank deposit books from 1 July 1985

'Bank statements from 1 July 1985

Stock sheets from 1 July 1985 Wages book from 1 July 1985 Liquor Purchases Register

Creditor's Invoices

That an officer of-the first respondent and an accountant of the first respondent's choice have leave to inspect (and make copies) at the Aspen Chalet on each of 8 July 1986, 22 July 1986, 5 August 1986, and every second Tuesday thereafter until judgment is delivered (or otherwise on a date every two weeks agreed to by the

parties) the accounting records of the applicant

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including those referred to in 1. above. That until 4.00 p.m. on 23rd July 1986 or further

earlier order:-

(a) the first respondent be restrained from appointing a receiver of the assets of the applicant pursuant to the powers conferred on the first respondent by the securities given by the applicant in favour of the first respondent on