Federal Court of Australia
"377
CATCHWORDS
Application under Trade Practices Act 1974, s.52 - Interlocutory injunction to restrain mortgagee from enforcing a claim to possession or exercising power of sale - The "ordinary rule" referred to in Inglis v. Commonwealth Trading Bank of Australia not applicable - Mortgagee sufficiently protected by direction securing early hearing and condition in respect of interest ~- No part of principal required to be paid into Court.
Trade Practices Act 1974, ss.52, 87
Inglis v. Commonwealth Trading Bank of Australia (1972) 126
C.LeR. 161 Harvey v. McWatters (1948) 49 S.R.(NSW) 173
-Zeutmint. Pty Ltd v. Scottish Amicable Life Assurance Society
[1984] 3 N.S.W.L.R. 293 Glandore Pty Ltd v. Elders Finance & Investment Co. Ltd. (1984) 4 F.C.R. 130
BATEMANS BAY HOLDINGS PTY LIMITED & ORS. -V- ELDERS FINANCE & INVESTMENT CO. LIMITED & ORS.
NSW G.288 of 1986
Burchett J. Sydney 5 September 1986
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
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No. G288 of 1986
BETWEEN:
BATEMANS BAY HOLDINGS PTY LIMITED
First Applicant BATEMANS BAY
INDUSTRIAL CENTRE PTY LIMITED
.-,+-Second Applicant...
RENLEE PTY LIMITED
Third Applicant
TOWRANG PARK PTY LIMITED
Fourth Applicant
ELDERS FINANCE & INVESTMENT CO LIMITED
First Respondent
ELDERS LENSWORTH FINANCE LIMITED
Second Respondent
MINUTE OF ORDERS OF THE COURT
Judge Making Orders: Burchett J.
Where Made: Sydney
Date of Orders:
3 September 1986
THE COURT MAKES THE FOLLOWING ORDERS, GIVES THE FOLLOWING DIRECTIONS AND NOTES THE FOLLOWING MATTERS:
(1) Order that until further order, the Respondents, their servants and agents be restrained from exercising their
powers under the security documents given by the Applicants or any of them in respect of the sale of or
the appointment of a Receiver to or the taking of
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