Federal Court of Australia
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CATCHWORODS
Trade Practices - Practice
and Procedure - Federal Court
proceedings alleging misleading and deceptive conduct in
connexion with the provision of loan funds - Supreme Court
proceedings based on the loan agreement, and securities given in
support - appropriate forum —
ELTRAN PTY. LIMITED & ORS. V. QLD. G1l41 OF 1986
SPENDER J. BRISBANE
16 OCTOBER 1986.
injunctive relief.
WESTPAC BANKING CORPORATION & ORS.
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IN THE FEDERAL COURT OF AUSTRALIA
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QUEENSLAND DISTRICT REGISTRY QLD. G14] of 1986
GENERAL DIVISION
BETWEEN : ELTRAN PTY. LIMITED First Applicant
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" PREMAYDENA PTY. LTD.
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Second Applicant
CRESWELL PLACE PTY. LTD. Third Applicant
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ADAM'S ROW PTY. LTD. Fourth Applicant
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CARTER LANE PTY. LTD. Fifth Applicant
BERNARD STREET PTY. LID. Sixth Applicant
AND: ORACA PTY. LTD.
Seventh Applicant oar
BINON PTY. LTD.
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Eighth Applicant
TREVOR RONALD KING Ninth Applicant
WESTPAC BANKING CORPORATION First Respondent
JOHN GEOFFREY ALLPASS and ALAN RAPHAEL TUTTLE
Second Respondents
MINUTES OF ORDER
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JUDGE MAKING ORDER: SPENDER J.
DATE OF ORDER:
16 OCTOBER 1986
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
Upon the usual undertakings as to damages being offered by each of the applicants:-
1.
NOTE:
The first respondent be restrained until trial or further earlier order from prosecuting or taking any further proceedings in the Supreme Court of Queensland action no. 4002 of 1986.
The first and second respondents be restrained until trial or further earlier order from prosecuting or taking any further proceedings in the Supreme Court of Queensland action no. 4052 of 1986.
Until trial or further earlier order, Messrs. John Geoffrey Allpass and Alan Raphael Tuttle, and each of them, have power in respect of each of the properties the subject of their appointment as receivers and/or managers by the First Respondent, to receive all rentals, to give an effective discharge in respect of the payment of rentals, to exercise the ordinary day to day powers of management including, without derogating from the generality of the above, the approval of new tenants, the approval of assignment of tenancies, the approval of repairs, the authorisation of action to recover arrears of rent, the authorisation of payment of accounts, the employment and payment of general outgoings for such properties, including cleaning contractors, general maintenance contractors, electricity accounts and yates accounts, ensuring that. current, appropriate and adequate insurance is maintained in respect of those properties.
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